In the state of Texas, there are several grounds for divorce that individuals can cite when filing for a divorce. These grounds include:
- Insupportability: This is the most commonly cited grounds for divorce in Texas. It essentially means that the marriage has become insupportable due to discord or conflict between the spouses that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.
- Cruelty: This grounds for divorce is cited when one spouse has treated the other with cruelty, both mental and physical. This can include physical abuse, verbal abuse, or any other behavior that endangers the physical or emotional well-being of the other spouse.
- Adultery: Adultery is grounds for divorce when one spouse has engaged in extramarital sexual activity. This can include physical infidelity or online infidelity.
- Abandonment: Abandonment is grounds for divorce when one spouse has left the other without the intent to return, and without the other spouse’s consent.
- Conviction of a Felony: This grounds for divorce is cited when one spouse has been convicted of a felony and has been sentenced to confinement in a penal institution.
- Living Apart: This grounds for divorce is cited when the spouses have lived apart for at least three years without cohabitation.
It’s important to note that in Texas, divorce proceedings based on fault-based grounds such as cruelty or adultery, the court may consider the fault of the parties when making decisions about property division and spousal support. However, in cases where the divorce is based on insupportability, the court will make decisions about property division and spousal support based solely on the facts of the case and without consideration of fault.
Additionally, it’s important to keep in mind that in Texas, couples must be residents of the state for at least six months before filing for divorce. Furthermore, if the couple has children, a 60-day waiting period is required before the divorce can be finalized.
In conclusion, there are several grounds for divorce in the state of Texas, including insupportability, cruelty, adultery, abandonment, conviction of a felony and living apart. It’s important to note that the grounds for divorce may affect the court’s decision on property division and spousal support. Furthermore, it’s important to ensure that the couple meets the residency requirement and waiting period before filing for divorce.
It’s also important to hire an experienced attorney to guide you through the process, as divorce can be a complex and emotionally-charged process. An attorney can help you understand the legal process and ensure that your rights and interests are protected throughout the divorce proceedings.