Michalk, Beatty & Alcozer, L.P.


What are the grounds for divorce in Texas?

Sometimes, despite the best intentions a couple has when they get married, their life circumstances can change throughout the course of their marriage and they may decide it is necessary to end their union. While getting a divorce is a very personal decision, it needs to be based on some sort of legal reason. Texas law lists a number of grounds on which a married couple may divorce.

One of the grounds for divorce in Texas is "insupportability" -- Texas's version of no-fault divorce. In Texas, if marital discord or personality conflict makes it so that the marital relationship must end and there is no longer any reasonable hope of reconciliation, then the couple may divorce on grounds of insupportability.

Another one of the grounds for divorce in Texas is cruelty. If one partner treats the other partner cruelly to the extent that the two parties can no longer reside together, they may divorce on grounds of cruelty. Adultery -- that is, cheating on your husband or wife -- can also be cited as grounds for divorce.

If, while the couple was married, one partner is convicted of committing a felony crime, is incarcerated for at least 12 months and has not received a pardon, then this may serve as grounds for divorce. However, if one partner is convicted based on the testimony of the other partner, this cannot be grounds for a divorce.

Also, a divorce may be granted on grounds of abandonment if one partner intentionally left the complaining partner and stayed away for a minimum of 12 months. Moreover, if the parties to a divorce have lived apart and have not resided together for a minimum of three years, this may also be grounds for divorce. Finally, if at the time the divorce papers are filed with the court by one partner the other partner is confined in a mental hospital for a minimum of three years, and it seems that adjusting is not likely to happen and even if it does, a relapse is likely, then this may serve as grounds for divorce.

There are a number of reasons a person in Texas can cite for a divorce. Whether seeking a no-fault divorce, or a divorce on one of the other above grounds, Texas residents may first want to consult with a family law attorney in order to make informed decisions.

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