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Grounds for Divorce in Texas

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Divorce can be a challenging and emotional experience, and it’s crucial to have a clear understanding of the legal reasons for divorce in your state. In Texas, there are seven official grounds for divorce recognized by the court, and knowing these grounds can be helpful in managing the process of divorce and determining if you have legal grounds for it.

Here are the grounds for divorce in Texas:

The most commonly cited ground for divorce in Texas is Insupportability, which refers to a breakdown of the marriage due to conflict or discord that makes the continuation of the marriage unbearable. If you and your partner are unable to resolve your differences and your marriage has become insupportable, you might be able to file for divorce on this ground.

Adultery is the act of engaging in sexual intercourse with someone other than your spouse, and it can be a legitimate reason for divorce in Texas if the other spouse can prove it. However, it’s important to note that if the couple continues to live together after discovering the adultery, the innocent spouse may lose the right to file for divorce on this ground.

Cruelty refers to physical or mental abuse that makes it impossible for the spouses to continue living together. Acts of violence, threats, or emotional abuse can all fall under the category of cruelty, and if you have been a victim of cruelty by your spouse, you may be able to file for divorce on this ground.

If a spouse has been convicted of a felony and imprisoned for at least one year, the other spouse may use this as grounds for divorce. However, it’s essential to remember that this ground for divorce must be filed within two years of the spouse’s release from prison.

Abandonment can be a reason for divorce if one spouse has left the other for at least one year with the intention of ending the marriage. Abandonment can include physically leaving the marital home or refusing to provide financial support to the other spouse.

If the spouses have lived apart for at least three years, either spouse may file for divorce. This ground for divorce may apply if the couple is separated due to work, military deployment, or other reasons.

If one spouse has been confined to a mental hospital for at least three years, and it appears that the mental disorder is permanent and incurable, the other spouse may file for divorce. This ground for divorce may apply if the mentally ill spouse is unable to participate in the marriage or provide financial support.

It’s essential to understand the grounds for divorce in Texas to navigate the divorce process successfully. If you’re considering divorce, consulting with an experienced family law attorney is crucial as they can help you determine your legal rights and options. With the right legal guidance, you can move forward with the divorce process and start a new chapter in your life.