What Are the Grounds for Divorce in Texas?

 Posted on September 20, 2021 in Family Law

Excessive arguing, financial conflict, lack of commitment, and religious differences are just some of the reasons that couples get divorced. Marriages end for countless reasons, but when you get divorced in Texas, you will need to state one or more “grounds” or reasons for the divorce. There are seven official grounds for divorce per Texas law.

Fault-Based Divorce in Texas

The grounds for divorce vary from state to state. In Texas, a spouse can pursue a fault-based divorce or a no-fault divorce. Fault-based grounds include:

• Infidelity, meaning that a spouse cheated on the other spouse.

• Cruelty, meaning that a spouse intentionally treated the other spouse cruelly, perhaps through physical or verbal abuse.

• Felony conviction, meaning that a spouse was convicted of a felony criminal offense and imprisoned for at least a year.

• Abandonment, meaning that a spouse voluntarily left the other spouse for one year or longer without an intention to return.

• Confinement in a psychiatric facility, meaning that a spouse has been confined to a mental hospital or psychiatric facility for at least three years and is unlikely to improve.

• Living apart, meaning that the spouses have not been living together for at least three years.

If you want to file for divorce on fault-based grounds in Texas, you will need to show proof. For example, if you are alleging adultery as the reason for the divorce, credit card statements showing your spouse buying a hotel room or gifts for an affair partner may be used as proof of infidelity. If you can demonstrate that the other spouse was to blame for the marriage breaking down, you may be entitled to a greater share of the marital estate during property division. Child custody and spousal support (alimony) determinations may also be impacted by fault-based grounds like abuse or infidelity.

No-Fault Divorce in Texas

Of course, not every marriage ends because a spouse had an affair or committed a felony crime. Often, couples simply grow apart or realize that they no longer wish to be married. If this situation describes you, you may choose to pursue a no-fault divorce. You may be granted a no-fault divorce in Texas if your marriage is irreversibly broken and there is no chance of the marriage relationship being reconciled.

Contact a Llano County Divorce Lawyer

If you are ready to divorce, contact Llano divorce attorney Russ Baker from the Law Office of Russ Alan Baker, PLLC for help. Mr. Baker has more than a decade of legal experience, including ample litigation experience. He and the rest of our team can provide the legal support you need during this challenging time in your life. Call 325-216-2006 for a consultation.

Source:

https://statutes.capitol.texas.gov/Docs/FA/htm/FA.6.htm