What are grounds for divorce in Texas?
Texas has “no fault” divorce or “insupportability.” A divorce will be granted if one or both, spouses assert that the marriage cannot be continued. This could be due to fighting, personality conflicts, growing apart or any other reason which makes the couple incompatible. Texas also has “fault” grounds that are not necessary to obtain divorce but which may be considered in the Court’s custody decision, visitation, and division of assets.
Texas is now a “no fault” state, meaning that a person desiring a divorce does not have to prove that his/her spouse is at fault in the marriage. The most common grounds for divorce is that “the marriage has become insupportable because of discord or conflict of personalities between you that has destroyed the legitimate ends of the marriage.” However, there are several other possible “fault” grounds for divorce which a person may use, including adultery, cruelty, conviction of a felony, abandonment, living apart, and confinement in mental hospital. Sometimes a client will want to file for divorce and use a fault, such as adultery. I always try to talk them out of it. Well over 99% of all divorces are settled by agreement, and it’s just harder to reach an agreement with someone when you have called them names in public.
Texas is a no-fault state where a married person may obtain a divorce without proving his or her spouse is at fault. However, possible fault grounds are cruel treatment, adultery, conviction of a felony, abandonment, living apart for at least three years, and confinement in a mental hospital for at least three years. A disproportionate property settlement may be obtained in some cases when fault is proven. Back to Top Q: What is an uncontested divorce? A: Sometimes a married couple can agree on terms of divorce and division of marital property, and even agree on child support and visitation. Typically the husband or wife hires an attorney and the attorney prepares the necessary documents to file with the court. After 60 days, the attorney and her client appear before the judge. The attorney will then ask her client a short list of questions to verify the property agreement and child support and visitation agreements contained in the divorce decree.
