For couples considering ending their marriage in Texas, it’s crucial to understand that the state recognizes both fault and no-fault grounds for divorce. While no-fault divorce is often straightforward and based on “insupportability,” fault-based grounds may require proof and additional legal proceedings.

No-Fault Grounds for Divorce in Texas

Texas law allows individuals to file for divorce without proving wrongdoing by either party. This approach, called a “no-fault” divorce, only requires one spouse to claim that the marriage has become “insupportable.” Here are some important details about no-fault divorce in Texas:

1. Insupportability
   • Definition: Insupportability refers to a marriage that has become intolerable due to irreconcilable differences, with no reasonable expectation of reconciliation.
   • Common Usage: Insupportability is the most commonly cited reason for divorce in Texas, as it does not require either spouse to assign blame or wrongdoing.
   • Legal Implications: Since no blame is assigned, both parties can often reach settlements or agree on terms more amicably than in a fault-based divorce.
2. Living Apart
   • Definition: Texas law permits divorce if the spouses have lived apart continuously for at least three years without cohabitation.
   • Considerations: Living apart can be beneficial for spouses who may have already physically and emotionally separated but not legally dissolved their marriage.
   • Proof Requirements: Evidence of separate residences and the three-year time frame is generally necessary to use this ground.

Fault-Based Grounds for Divorce in Texas

While no-fault divorce is popular, Texas also recognizes fault-based grounds for those who wish to file due to specific grievances. These grounds include cruelty, adultery, felony conviction, abandonment, and confinement in a mental hospital.

1. Cruelty
   • Definition: Cruelty refers to the intentional infliction of physical or mental pain, causing the marriage to become unbearable for the victimized spouse.
   • Examples: Cruelty could include physical abuse, severe verbal or emotional abuse, and psychological harm.
   • Evidence Requirements: For a court to grant a divorce based on cruelty, the alleging spouse must provide sufficient evidence, such as witness testimonies or documentation of abuse.
   • Legal Implications: A cruelty-based divorce may influence alimony or the division of property in favor of the victimized spouse.
2. Adultery
   • Definition: Adultery in Texas is defined as voluntary sexual intercourse by a married person with someone other than their spouse.
   • Impact on Divorce: Adultery is one of the most commonly cited fault-based grounds in Texas. Courts may consider adultery when deciding property division or alimony.
   • Proof of Adultery: Evidence such as text messages, emails, or witness testimony can be used to support claims of adultery.
   • Financial Implications: If one spouse can prove adultery, it may impact the court’s decisions regarding spousal support and property distribution.
3. Abandonment
   • Definition: Abandonment occurs when one spouse leaves the other with the intent of abandonment and remains absent for at least one year.
   • Examples of Abandonment: Abandonment may be as simple as moving out without the intent to return or completely ceasing contact.
   • Legal Consequences: To use abandonment as grounds, the spouse claiming abandonment must demonstrate a continuous absence with no indication of reconciliation.
   • Effects on Property Division: The abandoned spouse may receive more favorable terms in property division due to the other’s failure to fulfill marital responsibilities.
4. Felony Conviction
   • Definition: A spouse may file for divorce on grounds of felony conviction if the other spouse has been convicted of a felony, is imprisoned for at least one year, and has not been pardoned.
   • Eligibility Requirements: The convicted spouse must be actively serving time in prison, and a pardon disqualifies this ground for divorce.
   • Impact on Marriage: Many spouses view a felony conviction as grounds to dissolve the marriage, particularly if it led to a significant absence or a change in circumstances.
   • Legal Considerations: A conviction may also impact custody rights if children are involved, as the court may consider it in the best interests of the child.
5. Confinement in a Mental Hospital
   • Definition: Texas law allows for divorce if one spouse has been confined to a mental hospital for at least three years with no hope of recovery.
   • Proof of Mental Illness: Evidence, such as medical records, is typically required to establish this ground.
   • Complications: Divorce under this ground can involve additional legal procedures, especially when assessing future care needs.
   • Court’s Consideration: The court may decide property division and spousal support based on the future medical care and needs of the confined spouse.

Choosing the Right Grounds for Divorce in Texas

Selecting the appropriate grounds for divorce is a personal decision that depends on circumstances, goals, and evidence available. Some couples prefer no-fault divorce for its simplicity, while others choose fault-based grounds for personal or financial reasons.