What Are the 7 Grounds for Divorce Recognized in Texas?

When spouses seek to file for divorce, their divorce attorneys will discuss with them the different grounds they can file on and which is most suitable.

Grounds are basically the reasons a spouse and their divorce lawyer will state as cause for their request when filing divorce papers with the court.

Though Texas is a no-fault state, meaning there is no punishment for wanting a divorce, there are 7 grounds for filing, including when filing no-fault that spouses should know about.

  1. No-Fault - Insupportability - Also referred to as irreconcilable differences and no-fault, this is the most commonly stated reason seen at divorce law firms for no-fault divorces when the issue is simply one of no longer being in love or wishing to be married. 
  2. No-Fault - Living Apart - Spouses who have lived apart for more than 3 years can claim this as their reason to divorce in Texas according to divorce law firms
  3. No-Fault - Institutionalized - Should one spouse be confined to a mental health institution for 3 or more years and the prognosis is not favorable, the other spouse may file a no-fault divorce on these grounds.
  4. Fault - Adultery - A spouse can file on grounds of adultery if they and their divorce attorney are able to prove in court that the other spouse cheated within the marriage. 
  5. Fault - Cruelty - The Texas family court may grant a divorce on the grounds of cruelty when one spouse is guilty of cruelty against the other spouse in such a way that it makes it impossible to maintain the marriage. The definition of cruelty is open to interpretation based on the circumstance, so an experienced divorce lawyer should be involved in the divorce case to help determine that.
  6. Fault - Felony Conviction - A spouse may file on these grounds if their spouse is convicted of a felony, has served a year or more in prison, and has not been pardoned. 
  7. Fault - Abandonment - A spouse who has left their spouse and lived apart for more than a year with no intent to return, the abandoned spouse can file for divorce on these grounds.

When deciding on grounds to file a Texas divorce, filing spouses should discuss their situation at length with their divorce lawyer to decide on the most suitable option.

There are times when, even though a spouse can file on certain grounds, choosing a no-fault path might be more beneficial for them.

The professionals at an experienced divorce law firm can help spouses to consider this important decision and file in the way that is best for them.