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The Different Types of Divorce in Texas

The Different Types of Divorce in TexasThough, as we informed you in an earlier blog, a Texas legislator has introduced a bill that would end “no-fault” divorce in Texas, there are still two approaches you can take in the Lone Star State: you can state a specific basis, or ground, for the divorce (an “at-fault” divorce); or you can simply allege that the marriage has become “insupportable” (what is known as “no-fault divorce”). There can be good reasons for identifying specific grounds for your divorce—you can benefit in a custody or support proceeding if you can show that your ex caused the split.

Here are the grounds that are currently accepted for divorce in Texas:

  • Marital infidelity—Adultery, or cheating on your spouse, is far and away the most common ground stated for divorce in Texas. However, you have to do more than simply allege infidelity—you must convince the court that your spouse had an extramarital affair.
  • Failure to cohabitate—If you have stopped living with your spouse, even if you are in continual relationship with him or her, and the two of you have lived apart for at least three years, you can allege that as a basis for an at-fault divorce.
  • Abandonment—If you cease having any type of relationship with your spouse, and that abandonment continues for at least a year, your spouse can state that as a cause for divorce
  • Confinement in a mental institution—If, at the time the divorce complaint was filed, one of the parties was institutionalized in a mental hospital or facility, either private or state-operated, and there was no prognosis for improvement or recovery, you may be able to state that as a reason for divorce. However, a person must be institutionalized for at least three years before the other spouse can allege it as sufficient cause for divorce.
  • Incarceration for a felony—If a spouse has been convicted and incarcerated for more than one year on felony charges, the innocent spouse may use that as a basis for an at-fault divorce.
  • Cruelty—Physical or mental cruelty that makes it unbearable to live with a spouse will also be grounds for divorce.

Contact Us

At the office of Linda Stewart Law, PLLC, in Baytown, we bring more than 8 years of experience to clients in south Texas.

To learn how we can help, call our office at 281-761-6042 or contact us online . We offer an initial consultation at a reduced fee of $50. We accept credit cards and will set up a payment plan, if appropriate. Our offices are open Monday through Thursday, from 9 a.m. until 5 p.m., and until noon on Fridays. Evening and weekend appointments can be arranged upon request.

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