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What constitutes grounds for divorce in Texas?

Many couples may benefit from understanding more about what constitutes as grounds for divorce in their state. Texas Family Code cites seven specific scenarios that may justify the court in granting a divorce. The scenarios that qualify as grounds for divorce include insupportability, cruelty, adultery, felony convictions, abandonment, living apart or confinement in a mental hospital.

Courts may grant a divorce with no regard to fault if the conflict or discord between the personalities has destroyed possibility of reconciliation or any legitimate end to the marriage. These type of marriages are considered by Texas courts to be insupportable. If one spouse commits adultery, the other may be granted a divorce. If one spouse is guilty of committing cruelty against their partner, so much so that living together has become insupportable, a divorce may also be granted by the court.

A divorce may be granted if a spouse is convicted of a felony, fails to be pardoned or has been imprisoned for at least one year during the marriage. The exception to the rule occurs when one spouse is convicted on the other's testimony. If one spouse intentionally abandons the other, or is estranged for at least on year, a divorce may be granted. A court may grant a divorce if the couple has been living apart for at least three years. A spouse may also obtain a divorce if their partner has been institutionalized in a mental facility for at least three years, or if relapse seems probable or recovery is unlikely.

Spouses who need help negotiating a divorce may benefit from meeting with a divorce lawyer. Legal counsel may able to assist spouses who need to petition for a divorce as well as those defending against a claim. Lawyers may also be to help spouses by contributing towards resolutions concerning child support, child custody, property division or alimony.

Source: Family Code, "SUBCHAPTER A. GROUNDS FOR DIVORCE AND DEFENSES", August 13, 2014

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