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Grounds for Divorce in Texas

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On What Grounds May I File for Divorce in Texas?

Texas allows for both fault and no fault divorces.  Texas recognizes 7 grounds for divorce.

  1. Insupportability - The court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
  2. Cruelty - The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.
  3. Adultery - The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
  4. Conviction of Felony - The court may grant a divorce in favor of one spouse if during the marriage the other spouse has been convicted of a felony; has been imprisoned for at least one year in the state penitentiary, a federal penitentiary, or the penitentiary of another state; and has not been pardoned.  The court may not grant a divorce against a spouse who was convicted on the testimony of the other spouse.
  5. Abandonment - The court may grant a divorce in favor of one spouse if the other spouse left the complaining spouse with the intention of abandonment; and remained away for at least one year.
  6. Living Apart - The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.
  7. Confinement in Mental Hospital - The court may grant a divorce in favor of one spouse if at the time the suit is filed the other spouse has been confined in a state mental hospital or private mental hospital for at least three years; and it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.

I Want a Divorce!  Do I Need a Lawyer?

Yes.  You should contact a divorce attorney immediately.  Initially they will help you file for divorce, and then later assist you with the exchange of documents, settlement, and any trial issues.  A good divorce attorney is vital to making sure that you get everything that you are entitled to.

Do I need a Texas lawyer? Perhaps, and Legalmatch has numerous family law attorneys in Houston, Dallas and other major Texas cities. Just post your the details to LegalMatch and a local lawyer may respond within minutes to give you details on how you may proceed.

Photo of page author Ken LaMance

, LegalMatch Law Library Managing Editor and Attorney at Law

Last Modified: 05-22-2018 05:58 PM PDT

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