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What are the grounds for divorce in Texas?

On Behalf of | Mar 13, 2017 | Divorce |

Texans who are considering the end of their marriage might have ideas as to what it entails, but not be completely sure regarding the law of divorce decrees. For example, the state has certain grounds for divorce that must be met to move forward with the process. In short, there must be a reason or reasons for the divorce to happen. Understanding this can assist in making the decision and smooth the process. While the reasons for the divorce are relatively flexible to meet, it is still wise to know them when determining whether the marriage can be salvaged through divorce mediation or ending the union is preferable.

Insupportability can be a justification for there to be a divorce. This is when the marriage can no longer be supported due to discord or conflict between the parties that will make the relationship untenable without the expectation that they can reconcile. Cruelty will be if a spouse is found to have been guilty of treating the other spouse cruelly in a way that makes the relationship insupportable. Adultery is self-explanatory and if one spouse has committed it, then there can be a divorce.

If a spouse has been convicted of a felony, the court can grant the divorce if, while they were married, the other spouse: was convicted of a felony; was imprisoned for a minimum of one year in a penitentiary in a state outside of Texas, a federal penitentiary, or in the Texas Department of Criminal Justice; or has not been pardoned of the crime. Abandonment can be a reason for the divorce to be granted if the other spouse left with the intention to abandon and stayed away for a minimum of one year. Confinement in a mental hospital can be granted if it was taking place at the time of the suit if the other spouse was confined in Texas or elsewhere for a minimum of three years and the mental health issue is so significant that adjustment is unlikely and if it takes place, a relapse is likely.

With divorce, if any of the above factors are in place or a person would simply like to end the marriage it can be done. However, it is important to understand the process. A legal professional who is experienced in divorce can assist in a case. That is the first call that should be made when considering options.

Source: statutes.legis.state.tx.us, “Chapter 6. Suit For Dissolution Of Marriage — Subchapter A. Grounds For Divorce and Defenses,” accessed on Dec. 29, 2016