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Legal Information: Texas


December 2, 2019

What are the grounds for divorce in Texas?

There are 7 grounds (reasons) for divorce in Texas. Only the first ground listed below does not assign fault to either spouse for the break-up of the marriage. The other 6 grounds do require one spouse to blame the other for the divorce.

1. Insupportability - The marriage can no longer continue because of disagreements or differences that cannot be resolved.

2. Cruelty - When your spouse is guilty of “cruel treatment” towards you to the point that it is no longer bearable to continue living together.

3. Adultery - When your spouse has cheated on you (known as committing adultery).

4. Conviction of a felony - When, during the marriage, your spouse has been convicted of a felony and imprisoned for at least one year (in any state or federal prison) and has not been pardoned. However, you cannot use this ground if your testimony is what was used in court to convict your spouse.

5. Abandonment - When your spouse left you with the intention of abandoning you and s/he remained away for at least one year.

6. Living apart - When you and your spouse have lived apart (without cohabitation) for at least three years.

7. Confinement in mental hospital - When, at the time you file for divorce, your spouse has been confined in a mental hospital (state or private) for at least three years, and it appears that his/her mental disorder is the type that will not get better (or if it does get better, it appears that a relapse is probable.)1

1 Tex. Fam. Code § 6.001 - 6.007