Dale A. Burrows Family Law Blog on Lawyers.com

TX Grounds for Divorce

In the United States grounds for divorce is defined by individual state governments.  In Texas one must prove grounds for divorces in one of seven areas.  If you are considering divorce, please read the following carefully to determine what, if any, grounds you have for divorce.

Insupportability

Insupportability is the most common reason for divorce in Texas. This is generally pleaded in every divorce case, even when there are other grounds listed as well. In the case of insupportablity one simply alleges that the marriage has become insupportable because of discord and conflict within the marriage.  This discord or conflict has destroyed the marriage and warrants no reasonable expectation of reconciliation.

Cruelty

In this case one of the spouses is guilty of cruel treatment to the other, making it impossible for both parties to continue living together. 

Adultery

The definition of adultery is having sexual intercourse with one person while married to another.  Other unfaithful acts, aside from sexual intercourse, are not considered adultery.  This can be very difficult to prove in court.  When they are able to prove it, divorce lawyers often times use adultery as a means to collect a larger portion of the divorce assets.

Conviction of a Felony

One can get a divorce in the state of Texas if his or her spouse has been convicted of a felony and imprisoned for at least a year and has not been pardoned. It is interesting to note that last item of the statute states that a divorce cannot be granted, based upon these grounds, if the spouse was convicted based upon the testimony of the other spouse.

Abandonment

One may be granted a divorce, in the State of Texas, if their spouse left with the intention of abandonment and has been gone for at least one year.

Living Apart

One may seek a divorce, on the grounds of living apart, if they have not lived with their spouse for at least three years.

Confinement to Mental Hospital

One can seek a divorce, based upon confinement to a mental hospital, if at the time one files for divorce, their spouse is currently and has been confined to a mental hospital for at least three years.

Provided courtesy of the Lewisville family law offices of Dale A. Burrows, P.C., 888-845-4119, www.burrowsatlaw.com.  We are located 783 N. Denton Tap Road, Coppell, TX 75019.