Divorce is a life-altering decision that can be emotionally and financially challenging. For those considering divorce in Texas, it’s important to understand the legal grounds for filing. The state recognizes both fault and no-fault divorce, and knowing the difference between the two can help you navigate the process more smoothly.
At Myres & Associates, we have over 60 years of experience helping individuals in Harris County, Fort Bend County, Montgomery County, Galveston County, Brazoria County, and the surrounding Greater Houston areas resolve their family law issues. In this blog, we’ll break down the key grounds for divorce in Texas to help you understand your options and determine the best path forward.
No-Fault Divorce in Texas
Texas allows for no-fault divorces, which means you don’t have to prove that your spouse did anything wrong to end the marriage. In a no-fault divorce, the court simply needs to determine that the marriage has become “insupportable,” meaning that there is a conflict of personalities that has destroyed the legitimate ends of the marriage, and there is no reasonable chance of reconciliation.
This is the most common ground for divorce in Texas because it tends to be less contentious and allows for a smoother, faster resolution. Neither spouse needs to point fingers or prove wrongdoing, which can reduce emotional tension and legal costs.
Fault-Based Divorce Grounds in Texas
While no-fault divorce is common, Texas also allows for fault-based divorces. If one spouse believes the other is responsible for the breakdown of the marriage, they can file based on specific fault grounds. These grounds may impact how property is divided or how spousal support is awarded, so they’re worth considering if applicable to your situation. The recognized fault grounds for divorce in Texas are:
1. Adultery
One of the most common fault-based grounds for divorce is adultery. If your spouse has been unfaithful, you can file for divorce on these grounds. Proving adultery may involve providing evidence such as text messages, photos, or witness testimony. Adultery can influence property division and spousal support, often favoring the spouse who was wronged.
2. Cruelty
If one spouse is subjected to cruel treatment that makes living together unbearable, this can be a ground for divorce. Cruelty can take many forms, including physical abuse, emotional abuse, or other behaviors that endanger the spouse’s well-being. Proving cruelty may involve gathering documentation, medical records, or police reports.
3. Abandonment
Abandonment occurs when one spouse leaves the other without the intention of returning and remains absent for at least one year. This ground for divorce can be used if you can prove that your spouse left you and made no effort to continue the marriage.
4. Felony Conviction
If your spouse is convicted of a felony and has been imprisoned for at least one year, you can file for divorce on these grounds. The conviction must have occurred during the marriage, and the spouse must not have been pardoned for this ground to apply.
5. Living Apart
If you and your spouse have lived apart without cohabitation for at least three years, this can be used as a ground for divorce. This is a no-fault ground that simply recognizes the irreparable breakdown of the marriage over time.
6. Confinement in a Mental Hospital
If your spouse has been confined to a mental institution for at least three years and shows no signs of improvement, you can file for divorce based on this ground. This is another fault-based ground that addresses the inability to continue the marriage due to mental incapacity.
Choosing the Right Ground for Your Divorce
Choosing the right ground for divorce depends on your situation. No-fault divorces are often simpler and less stressful, while fault-based divorces may offer better outcomes if one spouse's behavior caused harm, impacting property division or support.
At Myres & Associates, we’ll guide you through the process with compassion and expertise, working to protect your rights and secure the best outcome for your family. Call us today at (713) 322-9810 to learn more.
