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Divorce in Texas is not as simple as deciding to end a marriage. State law requires specific reasons, known as Texas legal grounds for divorce, before a judge can grant it. These grounds range from mutual agreement to serious misconduct, and the one you choose can affect property division, custody, and financial outcomes. Knowing how each ground works can help you make decisions that protect your future.
No-Fault Divorce in Texas
Texas allows spouses to file for divorce without blaming the other party for the breakdown of the marriage. This option, called no-fault divorce, is often faster and less contentious.
Insupportability
The most common no-fault ground is insupportability. This means the marriage has become insupportable due to discord or conflict that destroys the relationship and prevents reconciliation. You do not have to prove misconduct or wrongdoing by your spouse.
Living Apart
Texas law also permits divorce when spouses have lived apart without cohabitation for at least three years. In this case, the separation must be continuous and voluntary.
Fault-Based Divorce in Texas
Fault-based divorces require proof that one spouse’s actions caused the marriage to fail. Proving fault can influence how a judge divides property and awards spousal maintenance.
Adultery
If a spouse has an extramarital affair, it can serve as grounds for divorce. Proving adultery often involves presenting evidence such as witness testimony, messages, or financial records.
Cruelty
Cruelty involves behaviour that makes living together unbearable. This can include physical abuse, emotional abuse, threats, or persistent mistreatment. Courts take cruelty allegations seriously and often require clear evidence.
Conviction of a Felony
If one spouse has been convicted of a felony, has served at least one year in prison, and has not been pardoned, the other spouse can use this as grounds for divorce. This applies whether the conviction occurred in Texas or another state.
Abandonment
Abandonment occurs when one spouse leaves the other with the intention of ending the marriage and stays away for at least one year. The abandoned spouse must prove both the intent and the duration of absence.
Confinement in a Mental Hospital
If a spouse has been confined in a mental hospital for at least three years and their condition is unlikely to improve, or relapse is probable, this can serve as grounds for divorce.
How Grounds for Divorce Affect the Case
The grounds you choose can impact the outcome of your divorce. In fault-based cases, judges may award a larger share of the marital estate to the innocent spouse. Fault can also influence spousal maintenance, especially if misconduct caused significant harm.
In child custody matters, certain fault grounds like cruelty or criminal behaviour can affect a parent’s ability to gain custody. The court always prioritises the child’s best interests, and proven misconduct can weigh heavily in these decisions.
Proving Grounds in Court
No-fault divorces require minimal proof. Stating that the marriage is insupportable is often enough. Fault-based divorces require stronger evidence, such as:
- Testimony from witnesses
- Photos or videos
- Text messages or emails
- Police or medical reports
- Financial records showing misuse of funds
The quality of your evidence can determine whether the court accepts your claim.
Choosing Between Fault and No-Fault
Many spouses choose no-fault divorce to avoid conflict and speed up the process. However, pursuing a fault-based divorce may be worth considering if:
- You believe misconduct significantly affected your marriage
- You want a more favourable division of property
- You have evidence strong enough to convince the court
Consulting with a family law attorney can help you evaluate which option fits your situation best.
Residency Requirements for Filing
Before filing for divorce in Texas, you must meet residency requirements. At least one spouse must have lived in Texas for the past six months and in the county where you plan to file for the past 90 days. Failing to meet these requirements can delay your case.
Waiting Period for Divorce
Texas imposes a 60-day waiting period between filing and finalising most divorces. This allows spouses time to consider reconciliation. Exceptions exist for cases involving family violence or protective orders.
Special Considerations for Military Divorces
If one or both spouses serve in the military, additional rules apply. Federal laws can impact timelines, service of process, and division of military pensions. Texas courts still require valid grounds for divorce in these cases.
Impact on Property Division
Texas is a community property state, meaning property acquired during the marriage is generally divided equally. In fault-based cases, judges may award a larger share to the innocent spouse. Misconduct like wasting marital assets or hiding money can also affect division.
Impact on Spousal Maintenance
Spousal maintenance, or alimony, is not automatic in Texas. Courts award it only under certain conditions, such as when one spouse lacks sufficient property to meet basic needs and meets specific eligibility criteria. Fault-based findings like cruelty or adultery can influence these awards.
Filing the Petition
The divorce process begins with filing an Original Petition for Divorce in the appropriate county. The petition must state the grounds for divorce, whether fault or no-fault, and include requests for relief such as property division, child custody, or spousal maintenance.
After filing, the other spouse must be formally served unless they waive service. The case proceeds through temporary orders, discovery, negotiation, and potentially a trial if no agreement is reached.
Settlement vs. Trial
Many divorces settle before reaching trial. Settlement allows spouses to negotiate terms and avoid the uncertainty of a judge’s decision. In fault-based cases, the threat of presenting damaging evidence in court can motivate settlements.
Trials can be costly and emotionally draining, but they may be necessary if disputes over property, custody, or support cannot be resolved.
Texas Legal Grounds for Divorce FAQs
The 10-year rule in Texas refers to the eligibility for spousal maintenance. A spouse may qualify for alimony if the marriage lasted at least 10 years and they lack sufficient property or the ability to earn enough income to provide for their minimum reasonable needs.
The primary no-fault ground for divorce in Texas is ‘insupportability,’ which means that the marriage has become insupportable due to discord or conflict that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.
No, Texas is a community property state, but the division of property does not have to be exactly 50/50. The court aims for a ‘just and right’ division, considering factors such as the earning capacity of each spouse, custody of children, and fault in the breakup of the marriage.
Yes, you can be forced out of your house if your spouse obtains a temporary order from the court that grants them exclusive use of the marital residence, often due to concerns about safety or the well-being of children.
A wife is entitled to a fair division of community property, which may include assets like the family home, retirement accounts, and other marital property. She may also be entitled to spousal support or alimony, depending on factors such as the length of the marriage, her financial situation, and her contribution to the marriage.
Whether you have to support your wife after a divorce depends on the specific circumstances of your case. Texas law allows for spousal maintenance in certain cases, such as marriages lasting 10 years or more, or if one spouse cannot support themselves due to a disability or caregiving responsibilities.
