“Grounds for divorce” is a phrase that comes up a great deal when a person is thinking of ending a marriage. You might have heard it on TV or in conversations with your friends. But, what does it mean? And how do Texas courts view grounds for divorce?
The Law on Grounds for Divorce in Texas
Under Texas law, there are seven grounds for divorce:
- Insupportability: Courts may grant a marriage without assigning fault if they find that the marriage has become insupportable. That means that the spouses are experiencing so much discord and conflict of personalities that the marriage cannot be saved. Insupportability is the most common grounds for divorce because it doesn’t assign blame to either spouse. In that way, it can be compared with “no-fault divorces” in other states and is listed as the reason when both spouses want the divorce.
- Cruelty: Courts may grant a divorce in favor of one spouse if the other spouse is so cruel that the marriage has become insupportable. Cruelty can take many forms. Physical violence can be cruelty. So can be belittling the other spouse, continuous rage and anger.
- Adultery: Courts may grant a divorce in favor of one spouse if the other has committed adultery.
- Conviction of a felony: Conviction of a felony or imprisonment for at least one year can be grounds for a divorce.
- Abandonment: Abandonment can be grounds for divorce is a spouse left with the intention to abandon the other and stayed away for at least a year.
- Living apart: Living apart can be grounds for divorce if the spouses have lived apart for at least three years without living together at any point.
- Confinement in a mental hospital: Confinement in a mental hospital can be grounds for divorce when a spouse is in a mental hospital and their condition is such that, even if they do come home again, relapse is probable.
How Do Grounds for Divorce Impact Dissolution of Marriage?
While grounds for divorce often has little impact on whether the judge will grant a divorce, it can affect the way a Texas judge divides community property, assigns child custody or orders child support. It is possible for a wronged spouse to receive a greater share of the community property in a divorce or more time with the children.
When a spouse has had an affair, committed a felony or been especially cruel and abusive, judges can consider the situation when issuing the final order. For that reason, it’s important to talk about the grounds for divorce with your lawyer and choose the approach that best matches your situation.
Contact Us for Help With Your Divorce
If you’re considering a divorce, talking with a lawyer is a good way to get real information about the grounds for divorce. For a confidential consultation, call our Arlington office at 1-817-755-1852 .