Grounds for Divorce in Texas
What are the grounds for divorce in Texas?
There are two grounds for a no-fault divorce in Texas: (1) insupportability; and (2) living apart without cohabitation for a three year period. The Texas statute also provides for divorce based on fault: cruelty, adultery, conviction of felony, abandonment and confinement in a mental hospital.
CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE SUBCHAPTER A. GROUNDS FOR DIVORCE AND DEFENSES
What is the Insupportability Ground for divorce in Texas?
On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
Sec. 6.001. INSUPPORTABILITY
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
What is the Cruelty Ground for divorce in Texas?
The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.
Sec. 6.002. CRUELTY
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
What is the Adultery Ground for divorce in Texas?
The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
Sec. 6.003. ADULTERY
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
What is the Conviction of Felony Ground for divorce in Texas?
(a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse:
(1) has been convicted of a felony;
(2) has been imprisoned for at least one year in the state penitentiary, a federal penitentiary, or the penitentiary of another state; and
(3) has not been pardoned.
(b) The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.
Sec. 6.004. CONVICTION OF FELONY
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
What is the Abandonment Ground for divorce in Texas?
The court may grant a divorce in favor of one spouse if the other spouse:
(1) left the complaining spouse with the intention of abandonment; and
(2) remained away for at least one year.
Sec. 6.005. ABANDONMENT
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
What is the Living Apart Ground for divorce in Texas?
The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.
Sec. 6.006. LIVING APART
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
What is the Confinement in Mental Hospital Ground for divorce in Texas?
The court may grant a divorce in favor of one spouse if at the time the suit is filed:
(1) the other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Safety Code, in this state or another state for at least three years; and
(2) it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.
Sec. 6.007. CONFINEMENT IN MENTAL HOSPITAL
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
