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The Grounds for Divorce in Texas

Grounds for Divorce

Though some legislators are trying to get rid of the no-fault provisions of the Texas divorce laws, Texas remains a mixed state, where men and women can either allege fault in a divorce proceeding or pursue a no-fault termination of marriage. In a no-fault proceeding, you must show the court that the marriage can no longer continue because of irreconcilable differences or disagreements between the parties, but you don’t need to show that one of the parties was responsible for those differences. With respect to any other grounds for divorce, one party must allege that the other party committed a wrong that was the basis for the split.

Texas law identifies six specific grounds for at-fault divorce:

  • Adultery—Your spouse has engaged in an extra-marital affair with a person of either gender
  • Abandonment—Your spouse vacated the marital home with the intent of abandoning you and has been gone for at least one calendar year
  • Separation—You have not lived in the same residence as your spouse for at least three years
  • Commitment to a mental institution—Your spouse, at the time you filed for divorce, had been in a mental institution for a minimum of three years, with no prognosis that his or her condition will improve
  • A felony conviction—Your spouse, while you were married, was convicted of a felony and spent at least one year in prison. This ground is not available if you testified in the criminal prosecution of your spouse.
  • Cruelty–and spent at least one year in prison. This ground is not available if you testified in the criminal prosecution of your spouse.
  • Cruelty—Your spouse engaged in mental or physical cruelty that made it unbearable for you to cohabitate

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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