In Texas, divorce laws provide both fault-based and no-fault grounds, giving couples flexibility when dissolving their marriage. Whether you seek a divorce or want to understand the process, knowing the grounds for divorce in Texas will clarify your options. Texas law recognizes various reasons for divorce and it is helpful to understand their differences.
No-fault divorce
The most common ground for divorce in Texas is no-fault. This option allows a spouse to seek divorce without assigning blame to the other party. The primary reason for a no-fault divorce is “insupportability,” which means that the marriage has broken down, and reconciliation is not likely. If both spouses agree that the marriage is beyond repair, they can file for a no-fault divorce, which typically moves faster and with less conflict than fault-based divorce.
Adultery
If one spouse commits adultery, the other spouse can file for divorce on the grounds of adultery. The filing spouse must provide evidence that the other spouse had a sexual relationship outside the marriage. In these cases, the spouse who committed adultery may face penalties in property division or spousal support.
Cruelty
If one spouse engages in abusive behavior, the other spouse can file for divorce on the grounds of cruelty. Cruelty involves physical, emotional, or verbal abuse. The victim must provide evidence of the abusive behavior, and this ground can affect property division, spousal support, and child custody.
Conviction of a felony
If a spouse is convicted of a felony and sentenced to prison for at least one year, the other spouse can file for divorce based on the felony conviction. The non-convicted spouse doesn’t have to serve time with the convicted spouse, and the marriage can become untenable due to the conviction.
Abandonment
A spouse who leaves the marital home for at least one year without the consent of the other spouse or without just cause can be considered to have abandoned the marriage. This ground allows the abandoned spouse to seek a divorce. The spouse must leave voluntarily and remain absent for an extended period without intending to return.
You can file for divorce based on either no-fault or fault-based grounds. Knowing these options will help you navigate the divorce process and make informed decisions moving forward.
