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The Grounds for Divorce in Texas

In order to be granted a divorce, Texas law requires that you state in your divorce petition the grounds on which you seek a divorce. It is crucial that your divorce petition meets this requirement as well as others set forth by law. Failure to comply could mean that your divorce will not be granted or will be delayed.

The Texas Family Code lists seven grounds for divorce:

Insupportability. The marriage can no longer continue because of “discord or conflict of personalities.” With insupportability, there must also be no “reasonable expectation of reconciliation.”

It is important to note that this is the only ground for divorce that is not based on fault. The grounds listed below are all considered grounds that can be alleged in a fault divorce. Many people opt to file for a no-fault divorce. In some circumstances, however, it may be more beneficial to seek a divorce based on fault. An experienced Richmond divorce attorney can help you evaluate your case and determine if a fault or no-fault divorce is preferable in your case.

Cruelty. This is the first “fault” ground for divorce. This ground can be used when one spouse is “guilty of cruel treatment” toward the other to such an extent that living together is no longer an option.

Adultery. This ground can be used as a basis for divorce when one spouse has intercourse outside of the marriage, otherwise known as committing adultery.

Conviction of a felony. If your spouse has been convicted of a felony while you were married and has been imprisoned for at least a year, this can be used as a ground for divorce if other requirements are met.

Abandonment. Another ground for divorce is if your spouse has remained away for one year with the intent to abandon you.

Living apart. If you and your spouse have lived apart for three years, Texas law provides that you can get a divorce.

Confinement in a mental hospital. If at the time you file for divorce, your spouse has been confined to a mental hospital for at least three years and your spouse will not recover or will probably relapse, you have a ground for divorce.

As you can see, there could be several options available to you if you are seeking to get a divorce. Call Richmond divorce attorney Frank J. Vendt, Jr. at The Vendt Law Firm, P.L.L.C. for help at (832) 263-6770.

1. http://www.statutes.legis.state.tx.us/Docs/FA/htm/FA.6.htm