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What Are the Fault-Based Grounds for Divorce in Texas?

You can file for a fault-based or no-fault divorce in Texas. If you ask the court for a no-fault divorce, you do not have to include a reason as to why you are requesting a divorce. However, you can also point a finger at your spouse’s misconduct and use that as your reason for filing for divorce as well. The decision is entirely up to you, but you may want to familiarize yourself with the fault-based grounds for filing for divorce in Texas below first.

Fault-Based Grounds

Before you head to court to ask for a fault-based divorce, you should know that proof of your spouse’s misconduct is required. If you cannot prove that your spouse’s behavior was what lead to the dissolution of your marriage, then you cannot file for divorce for that reason. Here is a list of all the acceptable fault grounds Texas will allow:

Cruelty

Repetitive abuse or inhumane treatment is considered cruelty. This may include physical and emotional abuse, intimidation, humiliation, violent language, verbal, abuse, threats, or manipulation. To use cruelty as a ground for divorce, you must prove that this cruel treatment occurred consistently and made marriage intolerable for you.

Adultery

Adultery occurs when one spouse has a sexual relationship with another person outside of the marriage. If you would like to claim that your spouse committed adultery, you must prove the following to the court:

  • Direct evidence (witness statements or photographs would be a good example)
  • Circumstantial evidence (shows that your spouse had the opportunity to have a sexual relationship outside of your marriage)

You should know that acts of adultery that occur after you file for divorce and are no longer living with your spouse can still be considered during a divorce. As such, it is advisable to resist getting into an intimate relationship until your divorce has been finalized.

Felony

If one spouse has committed a felony, or a serious crime, and is imprisoned for at least 1 year, you could use this as a ground for a divorce. A judge can grant a divorce if your spouse was also convicted of a felony or has not been pardoned. It does not matter if the felony conviction was state or federal.

Abandonment

If you were abandoned by your spouse for a minimum of one year, you can use this as a reason for filing for divorce. Also known as desertion, this occurs when your spouse voluntarily leaves with the intention of abandonment for at least 1 year. The spouse must also have the intention of not returning to live with his/her spouse. The abandonment period must be continuous.

Separation

Married partners who have lived apart for at least 3 years can file for divorce on this ground.

Confinement to a mental hospital

This occurs if one spouse has been admitted to a state or private mental hospital.

Your spouse can contest the divorce based on your ground if he/she does not agree with it, so it is advisable to secure the counsel of an experienced attorney.

Consult with an Experienced Attorney at Hembree Bell Law Firm, PLLC

While determining which fault-based ground you would like to pursue when filing for divorce can be easy, proving your spouse’s misconduct can prove to be just the opposite. You will want to hire a reputable lawyer to help represent you in a fault-based divorce, especially if your spouse decides to contest the divorce.

At Hembree Bell Law Firm, PLLC, we are here to champion your divorce case from your initial consultation until the day your divorce is finalized. If you require assistance with your divorce or any other family law firm, we are only a phone call away.

Contact our firm online or call us directly at (512) 768-9737 for support with your divorce issues.

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