Many here in Texas feel like they know what the grounds for divorce in Texas are, but know them fully nor understand how they are defined. In Texas you do not have to prove fault grounds in order to get divorced, however the grounds you base your divorce request may affect the outcome of your divorce settlement. There are three no-fault grounds, where neither party is at fault but circumstances exist where the marriage is no longer viable for either or both parties.

Three No-Fault Grounds for Divorce in Texas

• Insupportability
  • These grounds are usually referred to irreconcilable differences. In proving insupportability one needs to show that the marriage is insupportable because of conflict or discord which is destroying the marital relationship and is preventing any reasonable opportunity for reconciliation. Insupportability is one of the most common grounds used by people trying to file for divorce in Texas. Basically, the person filing for divorce no longer see eye-t0-eye with their spouse or for some reason living with their spouse has become intolerable.
• Living Apart
  • If the spouses have lived apart without cohabitating for three years or more, at the time of trial, that would constitute support of living apart grounds for divorce. Most of the time the court views the arrangement as something both parties agreed to, based on the fact that they have lived apart for at least three years. Living apart grounds can also help determine how the estate is divided up. For example lets say one party hasn’t lived with or heard from the other spouse for four years, the court could end up deciding that everything in her possession provided she meet certain conditions like serving the spouse papers.
• Confinement to a mental institution
  • Individuals that have become mentally incompetent, whether due to illness or the result of an accident, and have been confined for at least three years are possible grounds for divorce. While conferment may be grounds for divorce, the court has statues that are in place to protect the confined person’s interests. The court could appoint a guardian to represent the confined party.

Here are four fault-grounds for divorce in Texas

• Cruelty
  • Cruelty is simply defined as cruel treatment of the spouse that was of such nature that it renders further living together insupportable. Cruelty is a relative term, determined by case-specific facts, and will be applied differently to different parties and situations. Cruelty usually needs to be willful, persistent infliction of suffering, either physical or mental. An unsuccessful attempt to reconcile doesn’t stop a spouse from claiming cruelty.
• Adultery
  • If one party can prove the other party cheated then you typically have grounds for divorce in Texas. While you don’t have to have a video, you do need to provide proof, even circumstantially. It is important to know that acts of adultery that occur after you file can support a fault-based judgment against the adulterer. This is why it is best to stay celibate and not get into another relationship during your divorce.
• Felony Conviction
  • Felony conviction can serve as fault grounds for a divorce if the spouse in convicted of a felony during the marriage and in prison for at least one year.
• Abandonment
  • To prove abandonment, two things are needed to have occurred. The spouse must have left voluntarily, and they must have had the intent to abandon the spouse who has filed. Abandonment must be continuous for at least a one year period.

There are many options for grounds for a divorce. The vast majority of divorce cases in Texas are no-fault divorces. For those that do not want to get divorced, know that no-fault grounds are an option for Texans. There is not much one can do to stop a divorce if the spouse is determined to get divorced. Instead of digging in, often it is better to participate in the process to help ensure the divorce and property settlement work best for you.