If you are considering divorce in Texas, you are likely concerned about whether you are eligible for a divorce and whether or not you will need to prove certain grounds for divorce in Texas.
Under Texas law, there are seven different grounds for divorce in Texas, including a “no-fault” option. Proving grounds for divorce is a complicated process, and you should always seek advice from an experienced Dallas divorce attorney about your case. In the meantime, you should know that to be eligible for a divorce in Dallas or elsewhere in the state, the Texas Family Code says you will need to be able to prove one of the following grounds for divorce.
Insupportability
The first ground for divorce in Texas is insupportability, which is a “no-fault” basis for divorce. According to the Texas Family Code, a party can file a petition for divorce and can be granted a divorce – regardless of fault, if the marriage has become insupportable because conflict destroyed the marriage and prevented the possibility of reconciliation. This language is often known as “irreconcilable differences” in other states.
Cruelty
The second ground for divorce is cruelty, which the statute defines as a situation where one spouse files a petition for divorce because the other spouse is guilty of cruelty of a nature that makes future living together impossible.
Adultery
Adultery is the third ground for divorce in Texas. To be eligible for a divorce due to adultery, the party filing the petition for dissolution of marriage must be able to prove the other spouse has committed adultery.
Conviction of a Felony
A standing conviction of a felony in conjunction with a prison sentence is the fourth ground for divorce in Texas. To grant a divorce based on a felony conviction, the spouse seeking the divorce must be able to show the other spouse has been convicted of a felony offense, has been in prison for at least one (1) year, and has not been pardoned for the felony offense. If the spouse filing the petition for divorce gave testimony leading to the conviction, this ground for divorce is inapplicable.
Abandonment
Abandonment is the fifth ground for divorce in Texas. To prove abandonment, the spouse seeking the divorce must show the other spouse left with the intention of abandonment and stayed apart for at least one (1) year.
Living Apart
Another “no-fault” option for divorce is the ground of living apart. If the spouses have lived separately without cohabitating at any point for at least three (3) years, the court can grant a divorce.
Confinement in a Psychiatric Hospital
When one of the spouses has been confined to a psychiatric hospital and recovery appears unlikely, a court can grant a divorce based on the grounds of confinement in a psychiatric hospital.
Frequently Asked Questions About Grounds for Divorce in Texas
What are the no-fault grounds for divorce in Texas?
- Insupportability: This is the most common ground and means that the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
- Living Apart: If spouses have lived apart without cohabitation for at least three years, this can be grounds for divorce.
- Confinement in a Mental Hospital: If one spouse has been confined in a mental hospital for at least three years and it appears unlikely that they will adjust or that a relapse is probable, this can be grounds for divorce.
What are the fault-based grounds for divorce in Texas?
- Cruelty: This involves one spouse treating the other in a way that makes living together insupportable.
- Adultery: If one spouse has committed adultery, this can be grounds for divorce.
- Felony Conviction: If one spouse has been convicted of a felony and imprisoned for at least one year, this can be grounds for divorce.
- Abandonment: If one spouse has left the other with the intention of abandonment and has remained away for at least one year, this can be grounds for divorce.
Does Texas allow for a no-fault divorce?
Yes, Texas allows for no-fault divorces, meaning you don’t have to prove that one spouse is at fault for the marriage ending.
Can fault-based grounds affect the divorce settlement?
Yes, fault-based grounds can sometimes impact the division of assets, spousal support, and other aspects of the divorce settlement.
What is the difference between fault and no-fault grounds?
Fault grounds require proving that one spouse is responsible for the breakdown of the marriage, while no-fault grounds do not require proving fault and are based on the marriage being irretrievably broken.
Can both fault and no-fault grounds be used in the same divorce case?
Yes, it’s possible to cite both fault and no-fault grounds in a divorce case, but it’s important to consult with a legal professional to determine the best approach for your situation.
What should I consider when choosing grounds for divorce?
Consider the impact on the divorce settlement, the emotional toll of proving fault, and the potential legal complexities. Consulting with a family law attorney can help you make an informed decision.
Are there any defenses to a fault-based divorce?
Yes, defenses such as condonation (forgiveness of the fault) and recrimination (both parties are at fault) can be used, but they are limited and should be discussed with an attorney.
How do I prove fault in a divorce case?
Proving fault typically involves gathering evidence such as witness testimony, documents, photographs, and other relevant materials. An attorney can help you understand what evidence is needed and how to present it.
What resources are available for understanding grounds for divorce in Texas?
You can seek guidance from family law attorneys, mediation services, and legal aid organizations to help you navigate the grounds for divorce and protect your interests.
Contact a Dallas Divorce Attorney Today for Assistance
If you need help proving grounds for divorce when you are filing a petition for dissolution of marriage, one of our experienced Dallas divorce attorneys can assist you. Before you file, we can also discuss the different grounds for divorce with you and help you understand the best path forward in your divorce case. Contact Orsinger, Nelson, Downing, and Anderson, LLP today for more information.
(Updated 2/3/2025)