In the state of Texas, there are grounds for getting a divorce. While these grounds do not matter as much as they did in the past, since there is now a concept called “no-fault” divorce, it is still helpful to know these grounds and what they might mean for your situation.
This is the most common ground for divorce. With this ground, a person can simply allege that the marriage is no longer supportable due to conflict and there is no reasonable expectation of reconciliation. This is also referred to as a no-fault divorce.
This ground may be alleged if a spouse is guilty of cruel treatment to the other spouse and the treatment is based enough that it is no longer possible to live together. This ground is not often used, given that what constitutes ‘cruel treatment’ is not always easy to define.
If one spouse cheats on his or her partner, that may be used as a ground for divorce. The difficulty in these cases is proving the adultery. As social media becomes more prevalent, it has become easier to catch people cheating on their spouses via posts, pictures and status updates on Facebook, Twitter and other sites.
Many times, the ground of adultery is used to get a bigger share of property division or to get a more favorable ruling in a custody proceeding.
If one spouse has left with the intention of abandoning his or her partner, and has not returned for a year or more, it may be possible to claim abandonment as a ground for divorce.
Conviction of a Felony
If a spouse has been convicted of a felony and has been imprisoned for at least a year, this may also be a ground for divorce in Texas.
If two spouses have lived apart without cohabitation for at least three years, living apart may be used as a ground for divorce. This is similar to the ground of abandonment.
Confinement in a Mental Hospital
When a spouse is confined in a mental hospital for at least three years, and it appears that there is little to no improvement, the other spouse may seek a divorce.