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What Are the Grounds for Filing for Divorce in Texas?


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Albin Oldner Law, PLLC
Published on August 30, 2021

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:

Seven Grounds for Divorce in Texas

1. Insupportability or Irreconcilable Differences

This is one of the most common reasons couples get divorced. It is a no-fault ground for divorce, because neither party is at fault for the breakdown of the marriage. Couples choose to file for divorce because they no longer wish to stay married and there is no hope for reconciliation. 

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

In Texas, the cruel treatment of a spouse is grounds for divorce. However, the term “cruelty” is vague and open for interpretation. In the eyes of the law, cruelty typically is persistent infliction of suffering, such as physical abuse or emotional abuse. 

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

To prove abandonment, the spouse must have left voluntarily and with the intent to abandon. This abandonment must also have occurred for at least one year. 

Talk to a Collin County 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 (214) 225-9138 or contact us online to schedule a meeting.

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