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What are the grounds for divorce in Texas?

On Behalf of | Oct 30, 2024 | Divorce

People preparing for divorce in Texas often have a lot of questions. They may wonder how long the process will take and how much it might cost. They may have heard conflicting stories about the rules related to property division and child custody.

Most spouses who are ready to end an unhealthy or unsatisfying marriage want answers to their questions before they move forward with the process. In many cases, one of the first concerns is whether or not a spouse has appropriate justification to file for divorce. People may worry about whether their circumstances meet the grounds necessary to divorce and if they have sufficient evidence to prove to the courts that the situation warrants ending a marriage.

What are the grounds for divorce that the Texas family courts acknowledge?

Texas still allows fault-based divorces

Many states have done away with fault-based divorces, but Texas has not. There are numerous scenarios in which one spouse can file for divorce while ostensibly establishing that the end of the marriage is technically the fault of the other spouse.

The grounds for divorce currently acknowledged by the Texas family courts include:

  • cruelty
  • adultery
  • felony convictions lead to a one-year or longer imprisonment
  • abandonment lasting at least a year
  • separate lasting at least three years without any cohabitation
  • confinement in a mental hospital lasting at least three years

Spouses generally need proof validating their claims. Financial records showing that they have maintained two separate houses, police reports related to domestic violence and hospital records are among the evidence that can convince the courts to grant a ground-based divorce.

Many people choose no-fault divorces

While a fault-based divorce is an option in Texas, the process can be more complex when trying to lay blame on one spouse. The responding spouse can potentially defend against the attempt to divorce, resulting in a protracted legal battle or a denied divorce filing.

Many people prefer to pursue a no-fault divorce. They assert that the marriage has become unsupportable. In such scenarios, there is no evidence necessary to prove there has been a breakdown in the marital relationship. Either spouse can initiate a no-fault divorce even if the situation might technically warrant a divorce based on specific grounds.

Discussing the benefits and challenges of different approaches to divorce with a skilled legal team can help people as they prepare to file. Proof of misconduct isn’t necessary for divorce, but some people prefer grounds-based divorces due to personal or religious reasons.