The 7 grounds for divorce in Texas

On Behalf of | Feb 22, 2023 | Divorce

It’s been many years since Texas legislators allowed no-fault divorce for residents. Since then, you can get divorced without having to prove that your spouse caused your marriage to fail in one of a handful of limited ways. This made divorce much more accessible and affordable to the public in the Dallas-Ft. Worth area and the rest of the state.

No-fault divorce is so common these days that you might not realize that it is not the only grounds for divorce in Texas. There are actually seven grounds for divorce:

  • Insupportability. This is the Texas version of no-fault divorce. You can file for divorce on the grounds of insupportability “without regard to fault” if the marriage has become insupportable “because of discord or conflict of personalities” with no reasonable expectation of reconciling.
  • Cruelty. Cruel treatment that makes living with your spouse impossible.
  • Adultery. You can seek divorce on the grounds that your spouse cheated on you.
  • Conviction of a felony. You can receive a divorce if your spouse was convicted of a felony and sentenced to at least one year in prison.
  • Abandonment. Your spouse left you intending to abandon the marriage and stayed away for at least one year.
  • Living apart. You and your spouse have lived apart without interruption for at least three years.
  • Confinement to a mental hospital. Your spouse has been confined to a mental health facility for at least three years, and their condition is unlikely to improve for long.

Besides insupportability and living apart, these grounds for divorce are considered at-fault. If your spouse objects, you may have to prove your claims in court just like in a lawsuit. While this might be necessary in some cases, it is natural not to want to air your marital problems in court, where it will end up on the public record.