Divorce can be a difficult and emotional process, but understanding the grounds for divorce can help make the process smoother. In Texas, there are seven grounds for divorce, and understanding these grounds is crucial for anyone considering ending their marriage in the Lone Star State.
The first ground for divorce in Texas is insupportability, which simply means that the marriage has become insupportable because of discord or conflict between the spouses that cannot be resolved. This ground is often used when there is no specific reason for divorce, and it is the most common ground for divorce in the state.
The second ground for divorce in Texas is cruelty, which refers to a spouse treating the other cruelly and in a way that makes living together insupportable. This can include physical or emotional abuse and is a serious allegation that can have a significant impact on the divorce proceedings.
The third ground for divorce in Texas is adultery, which occurs when one spouse engages in a sexual relationship outside of the marriage. Adultery can be a challenging ground to prove, but it can have a significant impact on the division of assets and child custody arrangements.
The fourth ground for divorce in Texas is conviction of a felony, which occurs when one spouse is convicted of a felony and is imprisoned for at least one year without pardon. This ground can also have a significant impact on the division of assets and child custody arrangements.
The fifth ground for divorce in Texas is abandonment, which occurs when one spouse has left the other for at least one year with the intention of abandoning the marriage. This ground can be used when one spouse has physically left the marital home or has simply stopped participating in the marriage.
The sixth ground for divorce in Texas is living apart, which occurs when the spouses have lived apart without cohabitation for at least three years. This ground can be used when the spouses have been separated for an extended period but have not pursued a formal legal separation.
Finally, the seventh ground for divorce in Texas is confinement in a mental hospital, which occurs when one spouse has been confined in a mental hospital for at least three years and it is unlikely that the spouse will recover. This ground can be used when one spouse is suffering from a severe mental illness that makes it impossible to continue the marriage.
Understanding the grounds for divorce in Texas is important because it can impact the division of assets, child custody arrangements, and alimony payments. It is also important to consult with a qualified family law attorney to understand how these grounds may apply to your specific situation and to navigate the divorce process effectively.
What are the grounds for divorce in Texas?In the state of Texas, there are seven accepted grounds for divorce. The Texas Family Code outlines these specific reasons for marital dissolution, enabling individuals to cite one or more of these as the basis for ending their union.
The first ground for divorce in Texas is insupportability, which essentially means that the marriage has become insupportable due to discord or conflict. This no-fault option allows couples to end their marriage without assigning blame to either party.
Another accepted ground for divorce in Texas is adultery, which refers to one spouse engaging in a sexual relationship outside of the marriage. This is considered a fault-based reason for divorce and can have substantial implications on the outcome of the divorce proceedings.
Cruelty is also recognized as a ground for divorce in Texas, with the law defining it as a pattern of behavior that renders living together insupportable. This can include physical, emotional, or psychological abuse.
If one spouse has been convicted of a felony and has been imprisoned for at least one year, the other spouse may use this as a ground for divorce. Additionally, abandonment is grounds for divorce in Texas if one spouse has left the other for at least one year without consent or good cause.
Living apart is another accepted ground for divorce, requiring that the spouses have lived separately for at least three years. Finally, if one spouse has been confined to a mental hospital for at least three years and it is unlikely that their mental disorder will improve, this can be cited as a ground for divorce.
It is important to note that the specific grounds for divorce in Texas can have significant legal and financial implications, so it is crucial for individuals to fully understand their options and seek appropriate legal counsel when navigating the divorce process. Ultimately, understanding these grounds can empower individuals to make informed decisions about ending their marriage and moving forward with their lives.
Talk to a LawyerAn experienced divorce lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, can help you with your divorce case. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.