What Are the Grounds for Divorce in Texas?

Divorce laws vary from state to state, and it’s important to know what’s require in your state before you make the final decision to seek a divorce. Here in Texas, there are seven grounds on which a person can file for divorce, and a divorce attorney in San Antonio can help you decide the best choice given your unique circumstances.

From a Divorce Attorney in San Antonio: The Grounds for Divorce in Texas

1. Insupportability

The most common and straightforward ground for divorce in Texas is insupportability, which is our state’s version of a no-fault divorce. Insupportability refers to a situation where the marriage has become insupportable due to discord or conflict that “destroys the legitimate ends of the relationship.” In simple terms, this means that the marriage is no longer workable and there is no reasonable expectation of reconciliation.

No-fault divorces are often preferred because they do not require either party to prove wrongdoing. This makes the divorce process quicker and less adversarial. By filing for divorce on the grounds of insupportability, you do not have to provide evidence of misconduct or blame your spouse for the breakdown of the marriage. This can also lead to a smoother divorce process, as both parties may be more willing to negotiate the terms of the divorce and an adversarial environment isn’t predicated from the outset as is often the case in fault-based divorce.

2. Cruelty

Another ground for divorce in Texas is cruelty, which is when one spouse treats the other in a way that causes emotional or physical harm, making the marriage intolerable. This ground requires you to show proof that the cruelty was serious enough to render living together impossible. Verbal abuse, physical violence, or any other actions that inflict significant pain or distress on the other spouse all count here.

When filing for divorce on the grounds of cruelty, it is essential to provide enough evidence. You might use the testimony of witnesses, medical records documenting your injuries, or evidence of counseling sessions that all show the impact of the cruelty on you. Proving cruelty can be challenging, but if successful, it may affect the division of property or the outcome of spousal support, as the court may award a more favorable settlement to the victimized spouse.

3. Adultery

If one spouse has committed adultery, the other spouse may use this as a reason to file for divorce. Adultery is defined as voluntary sexual intercourse with someone other than the spouse, and it must have occurred before the finalization of the divorce to “count” as grounds.

Unlike in a no-fault divorce, filing for divorce on the grounds of adultery requires that you prove the infidelity. This can be hard, but if you’re able to do so, it can influence the division of marital property, as the court may favor the spouse who was wronged. Just be aware that adultery claims can make divorce proceedings more contentious, as the accused spouse may contest the allegations, and this often leads to further disputes and extended court battles. If you are considering filing for divorce based on adultery, talk with an experienced attorney first to be sure you can build a strong case.

4. Conviction of a Felony

If your spouse has committed a crime resulting in a felony conviction and a prison sentence, you may use this as a basis to file for divorce so long as they are imprisoned for a year or more. The law also specifies that the convicted spouse must not have been pardoned for the crime, and their conviction cannot have been based solely on your testimony. This ground is particularly important when it comes to child custody situations. Courts will typically consider whether the convicted spouse’s actions and imprisonment can affect their ability to care for or be involved in their children’s lives, and often the non-incarcerated parent is more likely to receive primary custody.

It’s also important to note that even if the grounds of felony conviction are proven, the divorce may not proceed smoothly, especially if the imprisoned spouse disputes other aspects of the divorce, such as property division. This may seem “open and shut,” but it’s still important to have a lawyer.

5. Abandonment

To file on this basis, one spouse must have intentionally left the other for at least one year without any intention of returning. This ground is essentially claiming that one partner has deserted the marriage, leaving the other spouse without support or communication.

Proving abandonment requires showing that the departure was intentional and that the spouse did not plan to return or reconcile. If the abandoned spouse can show that they were left without any means of support or communication for a year, they have a valid claim for divorce on these grounds, and abandonment claims can influence property division and child custody arrangements. The court may look more favorably upon the spouse who was abandoned, especially if they had to take on additional responsibilities due to the other spouse’s absence. For example, if one spouse was left to care for the children alone while the other disappeared, the court may take that into account when deciding on custody and support arrangements.

6. Living Apart Without Cohabitation

In Texas, couples who have been living apart for at least three years without cohabitating can file for divorce on this basis. You must have been separated physically for an extended period and also have not attempted to reconcile or resume the marital relationship during that time. Unlike abandonment, this ground does not require proving intent or wrongdoing: just the fact that the couple has been living separately without attempting to rebuild their marital life shows that the marriage is over for all intents and purposes.

Using this ground can simplify the divorce process if both spouses agree that the separation has lasted long enough to warrant a divorce. Since it does not require proving any fault, such as cruelty or adultery, the process may also be less contentious. However, if one spouse disputes the claim or argues that they have made efforts to reconcile, the process may become more complicated.

7. Confinement in a Mental Hospital

The final ground for divorce in Texas is confinement in a mental hospital, and this is a rare ground for a divorce. However, if one spouse has been confined in a mental hospital for at least three years, and it appears that their mental disorder is so severe that recovery is unlikely or a relapse is highly probable, the other spouse may use this as grounds for divorce.

To file on this ground, you’ll need proof of the spouse’s confinement and evidence that the mental disorder significantly impacts their ability to fulfill their marital duties. Medical records, expert testimony, and evidence from the hospital about the confinement period and the prognosis are typically required to establish this claim.

No matter what grounds you’re using to seek a divorce, it’s never an easy process. Having an experienced divorce attorney in San Antonio on your side will make everything go more quickly and smoothly. Contact us at Hoelscher Gebbia Cepeda, PLLC now ​if you’re considering divorce to request a consultation.