The Grounds for Divorce in Texas

dissolution of a marriageThough efforts have been made in recent months to eliminate the no-fault option for divorce in Texas, you can still seek to dissolve your marriage without stating specific grounds. However, there can be benefits to assessing fault in a divorce, particularly when it comes to custody, visitation and spousal support. Here are the causes that may legally be stated for the dissolution of a marriage in Texas:

  • Adultery or marital infidelity—This is the most common basis for seeking an at-fault divorce. If you can show that your spouse was unfaithful, the court will generally consider that a valid reason to terminate the marriage.
  • Abandonment—If your spouse ceases to cohabitate with or be in relationship with you for at least one full year, that can provide the necessary cause for a divorce
  • Living apart—If you and your spouse have not cohabitated for at least three calendar years, you can seek an at-fault divorce, even if you are in regular contact on a daily basis.
  • Cruelty—If you have been subjected to physical or mental cruelty, such that it would be unbearable for you to live together, you have a right to pursue an at-fault divorce
  • Confinement in a mental hospital or facility—If, when you filed for a divorce, your spouse was a patient or resident of a mental institution, either state-run or privately operated, and had been there for at least three years, you can state adequate grounds for a divorce. However, you must also show that there is no prospect for recovery by your spouse.
  • Conviction of a felony—If your spouse becomes incarcerated for a felony and spends at least a year behind bars, you can seek an at-fault divorce. However, this option is not available if your testimony was used to convict your spouse.

Contact the Law Office of Len Conner & Associates
For experienced counsel in family law matters, contact our office online or call us at 972-445-1500 (toll free at 877-613-5800). Your first consultation is free of charge.

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Len Conner & Associates

600 John Carpenter Freeway,
Ste 238
Irving, Texas 75062


Phone: 972-445-1500

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The Collaborative Divorce Process in Texas

If your marriage is over, but you want to end things amicably, or if you need to maintain a positive relationship with your ex for the benefit of your minor children, the traditional divorce process may not be the best way to go. Instead, you may want to consider the collaborative approach to divorce. Here's

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