In the state of Texas, the majority of divorces are no-fault divorces. This means that the court will grant a divorce without the need for one party to prove fault. If you do not want to get divorced, but your spouse does, there is often little you can do to stop it. The best thing you can do is to hire an experienced Collin County divorce attorney. Your divorce attorney will protect your rights and ensure that the divorce and settlement work out in your favor.
Even so, Texas does recognize certain grounds for divorce. We explain these below.
1. Insupportability or Irreconcilable Differences
Under the Texas Family Code, insupportability is one of the most common grounds cited when couples choose to file for divorce in the state of Texas. This is considered a no-fault ground for divorce, meaning neither spouse is legally blamed for the breakdown of the marriage. Instead, the court may grant a divorce when there is a conflict of personalities that prevents any reasonable expectation of reconciliation.
In these cases, the decision is not based on misconduct, but rather on the reality that the relationship has reached a point where the spouses can no longer live together as a married couple. Even though Texas is a no-fault state, it’s still important to understand that fault grounds for divorce—such as adultery or cruelty—are separate and can influence outcomes like child support, property division, or spousal maintenance.
2. Living Apart
When a couple has lived apart for three years or more, they can file for divorce under the grounds of living apart. The court typically sees this as an agreement that is mutual because both parties have lived apart for so long.
3. Confinement to a Mental Hospital
If one spouse becomes mentally incompetent due to mental illness or an accident, his or her spouse may file for divorce. The confinement must occur for at least three years. In addition, the courts will ensure that the spouse’s improvement is unlikely because of the severity of his or her condition.
4. Cruelty
When filing for divorce in the state of Texas based on cruelty, the spouse seeking the divorce must show that the other party engaged in conduct that made the marriage insupportable and prevents any reasonable expectation of reconciliation.
While the term “cruelty” can seem vague, the law generally defines it as the persistent infliction of suffering, which may include physical violence, threats, severe verbal abuse, emotional manipulation, or other actions that cause harm to a spouse’s mental or physical well-being. These cases are considered fault divorces, which can influence how the court may grant a divorce and how issues such as child support, spousal maintenance, and property division are determined.
5. Adultery
If you can prove that your spouse committed adultery, you can file for divorce under these grounds. Adultery occurs even if your spouse gets into a relationship before the finalization of your divorce. Courts often question the just and right division of marital assets when an affair is ongoing. As such, the court may award the wronged spouse a larger share of the estate, home, or other assets as compensation.
6. Felony Conviction
A felony conviction is also grounds for a divorce in Texas. If the spouse is in prison for at least one year, the courts may grant the divorce based on a felony conviction. However, there are situations when a court may not grant the divorce based on these grounds. For example, if prosecutors used the spouse’s testimony to convict. In this situation, the court may grant the divorce due to insupportability or cruelty.
7. Abandonment
Under the Texas Family Code, abandonment is a fault ground for divorce that occurs when one spouse leaves the marital home voluntarily, with the intention of abandoning the other, and remains away for at least one continuous year. To file for divorce in Texas based on abandonment, the spouse seeking the divorce must show that the separation was not mutual and that the abandoning spouse had no reasonable plan to return or reconcile.
This absence, especially when the couple has lived apart without cohabitating, can impact how the court may grant a divorce, particularly in matters involving child support, custody, and property division. Since proving intent can be challenging, working with a skilled family law attorney is crucial to ensure that all evidence aligns with the requirements set forth in the Texas Family Code.
Talk to a North Texas Divorce Attorney From Our Firm Today
The Frisco family lawyers of Albin Oldner Law, PLLC have decades of experience representing Texans during a divorce. We are ready to meet with you and help you protect your assets, rights, and future every step of the way. The divorce process can be complicated, but we make it easier. Call or contact us online to schedule a meeting.
