WHAT ARE GROUNDS FOR DIVORCE IN TEXAS?

Let me first say that a decision to divorce is a serious one, and should be weighed very carefully. Especially, in cases that do not involve adultery or domestic violence, our office strongly urges marital counseling and relational education before beginning divorce proceedings. Divorce presents many challenges for a family’s emotional, relational, and financial future.

Once you have decided to end your marriage, the State of Texas allows you to divorce on both No-Fault and Fault based grounds.


No-Fault Grounds

1. Insupportability- the marriage has become insupportable because of discord or conflict of personalities and there is no expectation of reconciliation. (Most cases are filed on this basis).

2. Living apart for at least 3 years- spouses have lived apart without cohabitation for at least three years.

3. Confinement in a Mental Hospital for at least 3 years: the other spouse has been confined in a state mental hospital or private mental hospital for at least three years; and it appears that the hospitalized spouse's mental disorder is so severe that complete recovery unlikely.


Fault Grounds

1. Adultery- spouse has committed adultery.

2. Cruelty- the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.

3. Conviction of a Felony- the other spouse has been convicted of a felony and has been imprisoned for at least one year, and has not been pardoned. You cannot divorce on this ground if you testified against your spouse and the spouse was convicted.

4. Abandonment of Petitioner for 1 year- spouse left with the intention of abandonment and remained away for at least one year.


Though insupportability is the most commonly used basis for divorce, some choose to pursue Fault-based grounds in order to be awarded a disproportionately higher division of community property.

(c) 2009 Rachell Miller, JD