Considering a Divorce in Texas?

Individuals in some states may find that filing for divorce is relatively easy. In Texas, a dissolution of marriage needs to be based on a valid factor or set of circumstances to be granted. In Texas, there are seven grounds for divorce. This article will review each of those briefly so you can determine what category your divorce may fall under.

No Fault Divorce State and Three No Fault Grounds in Texas

Texas is recognized as a no fault divorce state, meaning that a spouse does not have to prove wrongdoing by the other party to obtain a divorce. This approach allows couples to dissolve their marriage without assigning blame, which can simplify the divorce process and reduce conflict.

There are three no fault grounds for divorce in Texas, which provide options for couples seeking to end their marriage amicably:

1. Insupportability (Irreconcilable Differences)
   This ground applies when the marriage has become insupportable due to discord or conflict of personalities that destroy the legitimate ends of the marital relationship and prevent any reasonable expectation of reconciliation.
2. Living Apart
   If the spouses have lived apart without cohabitation for at least three years, this can serve as grounds for divorce. The separation must be continuous and without reconciliation during this period.
3. Confinement in a Mental Hospital
   When one spouse has been confined in a state or private mental hospital for at least three years, and recovery is unlikely or relapse probable, the other spouse may file for divorce on this ground.

These no fault grounds provide a pathway for divorce without the need to prove fault grounds, making the process less adversarial and often faster for couples who agree that their marriage cannot continue.

Cruelty is Grounds for Divorce in Texas

Grounds for cruelty as a reason for divorce consist of one spouse willfully and consistently causing pain or suffering to the other spouse. As the term “cruelty” is subjective, this may produce varied results between couples. What may be deemed cruel to one spouse may not seem cruel to another.

In some cases, testimony from an eye-witness to the cruelty may be necessary, or documentation gathered through a private investigator to provide evidence of cruelty by one spouse. Minor disagreements or disputes will not qualify. Consistent and willful infliction of unnecessary mental or physical cruelty must be present and valid.

Felony Criminal Conviction

If, while married, your spouse is convicted of a felony and has not been pardoned, this is typically sufficient grounds for divorce. If your spouse has spent at least one year incarcerated at the state or federal level, it may be grounds for divorce.

It is important to note that if a spouse's testimony was used to convict the other spouse, this might not qualify as grounds for divorce.

Each case will be examined separately, regarding how the spouse was convicted of a felony and whether or not the spouse who files for divorce played an active role in the felony conviction.

Adultery in a Texas Divorce

As with most states, providing clear and valid proof that your spouse was committing adultery is grounds for divorce in Texas. Ways to effectively prove adultery can include receipts, communication, loans, expensive gifts, and more. Suspicion of adultery will not suffice as grounds for divorce.

Furthermore, acts of adultery, even after the divorce has been filed, can still affect divorce findings. For example, suppose one spouse files for divorce, which has not yet been finalized, but a spouse has moved on to a new relationship.

In that case, this relationship may affect the court findings, so it is best to wait to move forward with another relationship until the dissolution of the marriage is finalized.

Living Apart of Abandonment

If a couple has lived apart consecutively for at least three years, this may be grounds for divorce. It is essential to reflect that during the three years, the couple has remained apart and has not cohabitation.

If one party of the couple has chosen to move away and abandon the other spouse, with no intention of moving back in, this can be grounds for divorce. As with living apart, if there is cohabitation during the period of one year, this may not be grounds for divorce.

If it is found that one spouse for a continuous one-year period has abandoned the other spouse with no intention to return, it may be used as grounds for a divorce.

Confinement in a Mental Hospital

If one spouse is confined to a state or private mental hospital for at least three years, the other spouse may have grounds for divorce. Evidence can be provided showing that recovery is unlikely or that relapse is probable for further proof of a necessary divorce. The spouse does not need to be confined to a hospital in Texas for this to apply.

Insupportability Grounds for Divorce

If none of the above grounds for divorce apply, but neither party wants the marriage to continue, insupportability may be used as evidence for divorce.

Insupportability is defined by code 6.001 of Texas Family code as “on the petition of either party to a marriage, 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.”

Insupportability is available for couples who want an amicable split or to go their separate ways as they can no longer reconcile their differences. Whether the couple grew apart, cannot communicate without arguing constantly, or for other reasons, insupportability can be named as grounds for the divorce petition.

What Are Grounds for Divorce in Texas?

Divorce is not uncommon and doesn't have to be incredibly challenging. Working with Lawyers Handling Divorces in Temple, Texas who can become a fierce advocate for you is imperative to move forward. Regardless of the grounds for divorce, several vital aspects may affect your life during and after your divorce.

Division of assets, alimony, child support or custody, and more are all topics of concern to most couples considering a divorce. How you are presented while navigating your divorce is essential to moving forward efficiently and stepping into your new life with confidence that you left nothing on the table.

We have helped countless clients to ensure their future is protected during and after a divorce. With multiple years of experience and a necessary dedication to our clients, we offer an invaluable perspective to our clients during this chapter of their life.

Divorce can trigger intense emotions on both sides, and it helps to have an outside professional perspective as an experienced and strong advocate on your side.

Call our office at (254) 699-3755 to learn how we can best assist you.