What Are Grounds For Divorce?

Divorce happens in America everyday, it is one of the most stressful things a person will have to go through in life. Typically, one in three people will experience at least one divorce in their lifetime. A marriage can either end through fault of one party, or through what is known as “no fault,” meaning the marriage has dissolved due to some form of instability, and one spouse does not have to show that the other is at fault for causing the marriage to dissolve.

To file for a divorce based on no fault, one spouse just has to state a legitimate reason for doing so. In the state of Texas, just like many other states, the reason can be as simple as the couple just not being able to get along with each other anymore. This is the most common reason for a no fault divorce, and is known as in supportability. Although you can get a no fault divorce in pretty much any state, there are also grounds for getting a divorce based on fault.

The general fault grounds for getting a divorce in the state of Texas are the following:

Cruelty – Defined as one spouse inflicting emotional or physical pain on the other spouse. This is the most common ground for a fault divorce, and is commonly referred to as “domestic violence,” or “spousal abuse.” Unfortunately, the wife is the most common victim in these cases.

Adultery – Basically, this means that one spouse has cheated on the other. Incriminating evidence can include love letters, emails, voicemails, or in some cases, recorded phone conversations.

Abandonment/Desertion for one year or more – One spouse has moved out on the other, usually without giving details to where they are planning to reside.

Being separated for a certain length of time – Both spouses are no longer living together. Sometimes couples will use what is called a “trial separation,” meaning they need time apart in order to come to terms with their relationship ending. After three years of living apart, this can become grounds for divorce.

Becoming imprisoned or convicted of a felony – This ground can also be used if one spouse has been imprisoned for one year or more. However, this ground cannot be used if one spouse has been imprisoned due to the other spouse’s testimony.

Insanity and confinement to a state mental hospital – This ground can be used if one spouse has been declared legally insane, and it is believed that he or she will never fully recover, and has been confined to the mental hospital for at least three years.

Grounds must be declared for any divorce in Texas to be granted, and these grounds must be supported by evidence or testimony, otherwise the court can dismiss the case. This is why it is really important to understand the grounds for a divorce. When facing any type of divorce, regardless of the reason for it, one should always consult with an attorney who practices family law, and has experience in dealing with divorce cases.