WHAT ARE THE GROUNDS FOR DIVORCE UNDER TEXAS LAW?

Texans might get caught up in the emotions that spark the consideration to move forward with the end of a marriage and get a divorce, but they will frequently ignore the basics of the process. The grounds for the divorce are integral to ending a marriage and should be understood before taking the next step. While the grounds are numerous and there is flexibility within them, divorce legal issues can still crop up. Having a grasp of the basics is vital. The following are reasons for a divorce to be granted: insupportability, cruelty, adultery, conviction of a felony, abandonment, living apart, and confinement in a mental hospital.

Insupportability refers to the marriage no longer being supportable due to discord or conflict between the spouses destroying the legitimate reason the couple got married in the first place and there being no hope for the couple to reconcile. Cruelty is if one spouse has mistreated the complaining spouse in a way that makes the marriage and living together unsustainable. Adultery is relatively self-explanatory. If the spouse has become involved with another person outside the marriage, there is justification under the law to divorce.

With a felony having been committed, the court has the right to grant a divorce if, during the marriage, the other spouse was convicted of a felony; was imprisoned for a minimum of one year in Texas, a federal penitentiary, or a penitentiary in another state; and if there has not been a pardon. This is not applicable if the spouse was convicted due to the testimony of the other spouse. Abandonment can be grounds for divorce if one spouse left the complainant intending to abandon and has stayed away for a minimum of one year. The couple might live apart. If that is the case and they have done so for a minimum of three years, this is a basis for divorce.

Finally, if a spouse is confined to a mental hospital in Texas or in another state for a minimum of three year and the disorder that led to the confinement is so significant that recovery is unlikely or, if there is a recovery, a relapse is probably going to happen, this is grounds for divorce. For a couple that would like to end a marriage, understanding the requirements to divorce is imperative. Speaking to a legal professional experienced with knowledge of divorce issues is key.

2017-08-25T18:04:51+00:00 May 11th, 2017|Child Custody|