What Are the Grounds for Divorce in Texas?

When a marriage breaks down, it’s rarely a simple or easy process. If you’re considering divorce in Texas, you might be wondering about the legal reasons—or “grounds”—that the state recognizes for ending a marriage.

Just like there are many reasons a marriage might break down, there are multiple grounds for divorce recognized by Texas law. These fall into two main categories: fault and no-fault. Fault grounds, as you might guess, involve placing the blame for the marriage’s end on one spouse’s actions. No-fault grounds, on the other hand, allow for a divorce without pointing fingers.

But the grounds you choose can have a significant impact on how your divorce unfolds. Here’s what you need to know:

Texas: A “No-Fault” Divorce State

First things first: Texas is what’s known as a “no-fault” divorce state. This means you don’t need to prove that your spouse did something wrong to get a divorce. You can simply state that the marriage has become “insupportable due to discord or conflict of personalities.”

In other words, you and your spouse just don’t get along anymore, and there’s no reasonable expectation of reconciliation.

But while no-fault divorce is the most common route, Texas law also recognizes several “fault-based” grounds for divorce. Let’s break these down:

Fault-Based Grounds for Divorce in Texas

When one spouse’s actions are the primary cause of the marriage’s breakdown, Texas law allows for a fault-based divorce, where the filing party must prove that their partner is responsible due to specific grounds recognized by the state.

Cruelty

Texas Family Code § 6.002 allows for divorce on the grounds of cruelty. The statute states that a court may grant a divorce if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.

Cruelty in this context isn’t limited to physical abuse. Texas courts have recognized that mental or emotional cruelty can also satisfy this ground.

Examples might include:

• Repeated verbal abuse or humiliation
• Threats of physical harm
• Extreme controlling behavior
• Deliberate infliction of emotional distress

The key is that the cruelty must be of such a nature that it makes continued cohabitation unbearable.

Adultery

Adultery is grounds for divorce under Texas Family Code § 6.003. The law simply states that the court may grant a divorce in favor of one spouse if the other spouse has committed adultery.

In Texas law, adultery is defined as voluntary sexual intercourse with someone other than one’s spouse. It’s important to note that:

• The adultery must have occurred before the divorce is filed
• Direct evidence isn’t always necessary; circumstantial evidence can be sufficient
• A single instance of adultery can be enough to satisfy this ground

Felony Criminal Conviction

Texas Family Code § 6.004 provides for divorce on the grounds of a felony conviction. Specifically, the court may grant a divorce if, during the marriage, the other spouse:

1. Has been convicted of a felony
2. Has been imprisoned for at least one year in a state or federal penitentiary
3. Has not been pardoned

However, the court may not grant a divorce against a spouse who was convicted on the testimony of the other spouse.

Abandonment

Abandonment as grounds for divorce is covered under Texas Family Code § 6.005. The court may grant a divorce in favor of one spouse if the other spouse:

1. Left the complaining spouse with the intention of abandonment
2. Remained away for at least one year

Both elements must be present. Simply living apart doesn’t constitute abandonment; there must be an intention to abandon the marriage.

Living Apart

Texas Family Code § 6.006 allows for divorce when spouses have lived apart. Specifically, the court may grant a divorce if the spouses have lived apart without cohabitation for at least three years.

This ground doesn’t require any fault or wrongdoing by either party. It simply recognizes that the marriage has effectively ended due to long-term separation.

Confinement in a Mental Hospital

Finally, Texas Family Code § 6.007 provides grounds for divorce based on confinement in a mental hospital. The court may grant a divorce if, at the time the suit is filed:

1. The other spouse has been confined in a state mental hospital or private mental hospital for at least three years
2. It appears that the spouse’s mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable

This ground recognizes the strain that long-term mental illness can place on a marriage while also ensuring that a spouse isn’t abandoned too quickly due to a temporary or treatable condition.

Why Choose Fault or No-Fault Divorce?

You might be wondering: if Texas allows no-fault divorce, why would anyone choose to file on fault-based grounds?

There are a few reasons:

• Property Division: In a fault-based divorce, the court may consider the fault when dividing property, potentially awarding a larger share to the “innocent” spouse.
• Emotional Satisfaction: Some people feel a sense of vindication in having their spouse’s wrongdoing recognized by the court.
• Negotiating Power: Sometimes, the threat of airing “dirty laundry” in court can provide leverage in settlement negotiations.

However, it’s important to note that proving fault can make your divorce more complicated, time-consuming, and expensive. It may also increase conflict between you and your spouse, which can be particularly harmful if you have children.

The Dodson Law Firm, PLLC Approach

At Dodson Law Firm, PLLC, we understand that every divorce is unique. We work closely with our clients to understand their specific situations and goals. Whether you’re considering a no-fault divorce or believe you have grounds for a fault-based divorce, we’re here to guide you through the process.

Our approach focuses on protecting your rights and interests while striving for the most beneficial outcome possible. We believe in clear communication, strategic planning, and vigorous advocacy for our clients.

Remember, the grounds you choose for your divorce can have significant implications for the process and outcome. That’s why it’s crucial to consult with an experienced family law attorney before making any decisions.

If you’re considering divorce in Texas, don’t navigate this complex process alone. Contact Dodson Law Firm, PLLC today for a consultation. We’ll help you understand your options, protect your rights, and work towards the best possible resolution for your situation.

Because when it comes to safeguarding your future during a divorce, “Dodson Gets It Done.”