If you are considering divorce in Texas, you are likely concerned about whether you are eligible for a divorce and whether or not you will need to prove certain grounds for divorce in Texas.
Under Texas law, there are seven different grounds for divorce in Texas, including a “no-fault” option. Proving grounds for divorce is a complicated process, and you should always seek advice from an experienced Dallas divorce attorney about your case. In the meantime, you should know that to be eligible for a divorce in Dallas or elsewhere in the state, the Texas Family Code says you will need to be able to prove one of the following grounds for divorce.
The first ground for divorce in Texas is insupportability, which is a “no-fault” basis for divorce. According to the Texas Family Code, a party can file a petition for divorce and can be granted a divorce – regardless of fault, if the marriage has become insupportable because conflict destroyed the marriage and prevented the possibility of reconciliation. This language is often known as “irreconcilable differences” in other states.
The second ground for divorce is cruelty, which the statute defines as a situation where one spouse files a petition for divorce because the other spouse is guilty of cruelty of a nature that makes future living together impossible.
Adultery is the third ground for divorce in Texas. To be eligible for a divorce due to adultery, the party filing the petition for dissolution of marriage must be able to prove the other spouse has committed adultery.
Conviction of a Felony
A standing conviction of a felony in conjunction with a prison sentence is the fourth ground for divorce in Texas. To grant a divorce based on a felony conviction, the spouse seeking the divorce must be able to show the other spouse has been convicted of a felony offense, has been in prison for at least one (1) year, and has not been pardoned for the felony offense. If the spouse filing the petition for divorce gave testimony leading to the conviction, this ground for divorce is inapplicable.
Abandonment is the fifth ground for divorce in Texas. To prove abandonment, the spouse seeking the divorce must show the other spouse left with the intention of abandonment and stayed apart for at least one (1) year.
Another “no-fault” option for divorce is the ground of living apart. If the spouses have lived separately without cohabitating at any point for at least three (3) years, the court can grant a divorce.
Confinement in a Psychiatric Hospital
When one of the spouses has been confined to a psychiatric hospital and recovery appears unlikely, a court can grant a divorce based on the ground of confinement in a psychiatric hospital.
Contact a Dallas Divorce Attorney Today for Assistance
If you need help proving grounds for divorce when you are filing a petition for dissolution of marriage, one of our experienced Texas divorce attorneys can assist you. Before you file, we can also discuss the different grounds for divorce with you and help you to understand the best path forward in your divorce case. Contact Orsinger, Nelson, Downing, and Anderson, LLP today for more information.