In Texas, there are seven reasons you may choose when petitioning for divorce, including both no-fault and fault-based grounds.
A judge will evaluate the grounds for divorce based on the Texas Code and the evidence presented.
No-fault grounds for divorce
Insupportability, or irreconcilable differences, is Texas’s no-fault grounds for divorce. Either party can file for this reason, citing discord or conflict of personalities. Choose this option if there is no reasonable expectation of resolving your issues.
Fault-based grounds for divorce
For fault-based divorces, you or your spouse will have to prove that the other party is responsible for the end of the marriage. These grounds include:
- Cruelty: One spouse is guilty of acting in a cruel way to the other
- Adultery: One party produces evidence of adultery or cheating
- Felony conviction: One party has a felony conviction, has served at least one year in a federal or state prison and has not received a pardon
- Abandonment: A spouse moved out with the intention of leaving for good and remained away for at least one year
- Living apart: You and your spouse have lived apart for at least three years and have not cohabitated during this time
- Confinement in a mental hospital: One spouse has resided in a state or private mental institution for three years and is unlikely to adjust back to normal life, regardless of which state the institution is in
A well-supported case can expedite the divorce process. Choose a grounds for divorce that represents why the marriage should end and helps you prepare for your life post-divorce.