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Mental illness can deeply affect a marriage, especially when it results in long-term psychiatric hospitalization. In Texas, this situation is recognized as one of the legal grounds for a divorce. Unlike no-fault divorces, this ground requires meeting specific conditions—namely, that one spouse has been confined to a mental hospital for a substantial period, and recovery is unlikely. It’s not based on a single diagnosis or a difficult year, but on prolonged institutional care that makes it impossible for the couple to maintain a marital relationship. While less common, this ground for a divorce plays a critical role in certain cases where separation becomes the only path forward.
Texas Recognizes Fault and No-Fault Divorce
Texas offers both no-fault and fault-based divorce options. Most people choose no-fault because it does not require proving wrongdoing. It simply claims that the marriage cannot continue due to “insupportability.”
Fault-based divorces, on the other hand, require one spouse to show that the other did something specific that caused the marriage to fail. Grounds like adultery, cruelty, abandonment, felony conviction, and confinement to a mental hospital fall under this category. Each comes with unique legal standards and consequences.
What the Law Says About Mental Hospital Confinement
Texas Family Code Section 6.007 explains this specific ground for divorce. A spouse may request a divorce based on mental illness if:
- The other spouse has been confined in a mental hospital, either private or state-run, for at least three years
- The mental disorder appears to be severe and likely to continue or relapse in the future
This statute does not require proving abuse or misconduct. It focuses on medical condition and long-term incapacity.
Breaking Down the Legal Criteria
Three-Year Confinement Requirement
To qualify, the mentally ill spouse must have stayed in a hospital or mental health facility for three continuous years. This includes state psychiatric hospitals, private institutions, or long-term psychiatric wards within general hospitals.
Temporary releases or short breaks in care may not break the three-year clock, but extended time outside of treatment may disqualify the claim. Courts review medical records and facility logs to verify this timeline.
Severity and Likelihood of Relapse
The law does not grant divorce just because a person entered a facility. The court needs medical evidence that the illness severely impacts mental function and will likely continue. This usually means presenting reports or testimony from doctors or facility staff.
The illness could be schizophrenia, bipolar disorder, severe depression, or other psychiatric conditions that require long-term institutional care. The disorder must affect the person’s ability to function independently or live in a marriage.
Why Spouses Use This Ground
Not every spouse wants to claim mental illness in divorce. Some feel guilt, social pressure, or concern for their partner’s care. Others may choose no-fault divorce to avoid publicly discussing the illness in court.
Still, this ground serves a purpose. When one partner faces permanent hospitalization, the other may want to rebuild life and legally end the marriage. In some cases, using this ground helps speed up asset division or avoid unfair spousal support demands.
Common Misconceptions
“Can I File If My Spouse Only Has a Diagnosis?”
A diagnosis alone does not meet this legal standard. The law requires actual confinement in a hospital for three years. If the spouse receives treatment at home or visits a psychiatrist without staying in a facility, this ground does not apply.
“Will My Spouse Know About the Divorce?”
Even though a spouse remains in a hospital, they still hold legal rights. Courts will notify the person and often appoint a guardian ad litem or attorney ad litem to represent their interests in the case. This step protects the ill spouse and prevents legal abuse.
“Will This Affect Property Division or Support?”
It might. Judges in Texas divide property in a way they consider fair. If one spouse has severe mental illness and cannot work, the judge may award a larger share of assets or award spousal maintenance. On the other hand, if the ill spouse cannot manage assets, the court might give that responsibility to the healthy spouse.
Mental illness does not block divorce, but it may affect how courts handle the outcome.
Alternatives to Mental Hospital Grounds
If the three-year requirement does not fit the situation, a spouse may consider other grounds:
No-Fault Divorce
This allows spouses to end the marriage without proving fault. It uses the claim that the relationship became insupportable. This option often works better for couples who want to avoid blaming each other or discussing private matters in court.
Cruelty
If the mental illness leads to verbal abuse, physical threats, or unsafe behavior, the healthy spouse might file based on cruelty. This carries more emotional weight and may affect property decisions in the case.
Living Apart
Texas allows divorce if spouses have lived apart for three years. In some cases, a mental illness may cause this separation. If the spouse in care lived separately for three years or longer, this ground may apply without needing proof of hospitalization.
How the Process Works
Step 1: File a Petition
The healthy spouse starts the case by filing a petition for divorce in the local county court. They must state the ground for divorce and provide information about the marriage, children, and property.
Step 2: Serve the Other Party
Texas law requires giving legal notice to the other spouse. If the ill spouse cannot respond, the court appoints a guardian or attorney to act on their behalf.
Step 3: Gather Medical Records
To prove mental hospital confinement, the spouse needs medical documents or testimony that shows the other spouse stayed in a facility for three years and still faces serious illness. Doctors or hospital staff may need to testify or submit reports.
Step 4: Attend Court Hearings
In some cases, the divorce ends quickly if no one contests the petition. If disagreements arise over property, custody, or support, the case may go to trial. Judges will weigh the evidence and decide what’s fair.
Step 5: Final Decree
Once all matters are settled, the judge signs a final decree of divorce. This document ends the marriage and outlines all decisions about children, property, and financial duties.
Emotional and Legal Support
Divorcing someone in long-term psychiatric care can bring mixed emotions. Some spouses feel relief, while others struggle with guilt or fear. Therapy, legal advice, and support groups can help.
A family law attorney familiar with Texas divorce law can provide clear advice and keep the case on track. In cases involving mental illness, attorneys often work with mental health professionals to present accurate and respectful evidence.
Considerations for Children
If children are involved, the court always places their best interests first. Judges may grant sole custody to the healthy parent if the ill spouse cannot safely parent. Even if the other spouse cannot care for the children, the court may still grant supervised visitation.
Mental illness alone does not make someone an unfit parent, but it can limit involvement if safety becomes an issue.
Final Thoughts
Confinement to a mental hospital is one of the legally recognized grounds for a divorce in Texas, but it comes with strict requirements. The law applies only when a spouse has been institutionalized for at least three years with little to no hope of recovery. This specific ground acknowledges that, in some cases, mental illness can make continuing the marriage impossible. For those facing this difficult situation, Texas law provides a clear yet compassionate legal path forward.
Other Related Articles:
- What Happens When a Noncustodial Parent Suffers From a Mental Illness?
- Guardianship For Adults With Mental Illness Texas: Guide for Families
- Gathering Evidence of Mental Illness for Your Divorce in Texas
- Should I Mention My Ex’s Mental Illness During Our Custody Case?
- Safety, Substance Abuse and Mental Health: Helping yourself through a Texas family law case
- Mental impairments, family violence and how these problems affect child custody cases
- Can your parental rights be terminated in regard to your mental health?
- A blog post for those facing mental health problems during a divorce
- Can I Sue My Spouse for Mental Abuse in My Texas Divorce?
- The importance of mental health and substance abuse on divorce
Frequently Asked Questions
Mental illness can be a factor in a divorce case, but it is not necessarily considered grounds for divorce in Texas. The court typically focuses on issues such as insupportability and discord in the marriage when granting a divorce.
Various factors can be considered during a divorce, including a party’s behavior, financial history, and any actions that may affect the well-being of the child. It’s essential to consult with an attorney to understand the specific circumstances in your case.
Handling mental health during divorce involves seeking support, counseling, and legal advice. It’s crucial to prioritize mental well-being while navigating the legal process. Consult with professionals who can provide guidance.
In Texas, both spouses have rights during a divorce. These include the right to a fair division of property, support, and child custody arrangements that are in the best interest of the child. Consulting with an attorney can help protect your rights.
