On What Grounds Can I File For Divorce in Texas?

 Posted on October 06,2023 in Divorce

Divorce is a significant step in anyone's life, and in Texas, there are seven legally recognized grounds for it. These grounds can be broadly divided into two categories: fault-based and no-fault-based. The choice between these categories can significantly affect the divorce process and its potential outcomes. Divorce can be complex, so consulting with an attorney can provide valuable guidance through this process.

Committing Adultery

Adultery, in Texas, is defined as engaging in an intimate relationship outside of marriage, voluntarily and without the encouragement of the legal spouse. It is crucial to note that emotional affairs, explicit messages, or even kissing do not qualify as adultery. To claim adultery as grounds for divorce, you must prove physical infidelity, through photographs, messages, or witnesses. It is advisable not to engage in a new relationship until a divorce is finalized to avoid potential complications or accusations of adultery.

Lengthy Abandonment

Abandonment as a ground for divorce implies that one spouse left against the other's will for a minimum of one year with no intention of returning. To use this ground, it is essential to demonstrate that the departure was intentional and not due to temporary circumstances like work requirements or emergencies.

Felony Convictions

If your spouse has been convicted of a felony, imprisoned for a year or longer, and has not been pardoned, you can file for divorce. It does not matter if they are in federal or state prison or a different state; the key is that they were sentenced after your marriage. However, if you testified against your spouse, this ground is not available.

Acts of Cruelty

Cruel treatment covers the willful actions by a spouse to cause enough emotional or physical suffering that the marriage cannot continue. This can include domestic violence or emotional abuse. Proof may involve medical records, police reports, written accounts, or witness testimonies.

Insupportability

You can file for divorce based on insupportability. This means that living together has become intolerable without hope for reconciliation. This no-fault ground acknowledges that the marriage is no longer viable.

A Long Period of Separation

Living separately for over three years without cohabitation can be a basis for divorce. You will need to testify that you have not engaged in intimate relations during this time and have resided in separate homes.

Mental Incapacitation

This ground is valid if your spouse has been confined to a mental facility for three years or longer before filing for divorce. There must also be evidence that their condition will not improve or may relapse. You will need facility records and medical professionals' testimony.

It is important to understand that a spouse's confinement does not guarantee you will receive all marital property. The state protects the rights of those unable to fend for themselves. In these cases, the court may appoint someone to represent your spouse's interests.

Contact a Tarrant County, TX Divorce Attorney

A divorce can often be overwhelming, cause confusion, and make you feel alone. A skilled Irving, TX divorce lawyer can be a boon to the process. The office of Law Office of Michelle Poblenz has the experience and accomplishments to represent you in your time of need. Contact us at 469-845-3031 for a consultation with a compassionate counselor like attorney Michelle Poblenz.