What are the grounds for divorce in Texas?

By Williamson Law Firm, PLLC on January 4, 2020 • Firm News

You likely entered your Texas marriage with the best of intentions; but, for any number of reasons, you and your spouse may decide it is best to dissolve your marriage. Although you do not have to establish fault to get a divorce in the state, there are certain grounds under which the court will grant a request for a dissolution of marriage.

The court may grant a divorce in your or your spouse’s favor based on adultery or cruelty. In cases involving infidelity or the cruel treatment of you or your spouse by the other, the court may determine that it is not likely you will reconcile.

According to Texas state law, you may also be granted a divorce if your spouse was convicted of or pleaded guilty to a felony and was sentenced to imprisonment for at least one year. The court may not, however, grant your request for divorce if your spouse received a pardon or was convicted based on your testimony. If your spouse has been admitted to a state mental health hospital for at least three years and he or she may likely relapse, the court may also see fit to approve your divorce request.

Abandonment, or your spouse purposely leaving you, and staying away, in addition to living apart may also qualify as grounds for a divorce in the state of Texas. Living apart is defined as not cohabitating for a period of three years or more.

State law also allows for divorces on the grounds that you and your spouse are no longer compatible. Divorce petitions may be granted on the grounds of insupportability in cases when discord or conflict damages your marital relationship and any expectation that you might be able to reconcile.

This post is not intended as legal advice; rather, its information should be considered only for general purposes.

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