When You Can File for Divorce in Texas

In Texas, in order to file for and obtain a divorce, you must state the grounds upon which you seek to terminate your marriage. There are seven different reasons you can give the court, six of which involve an allocation of fault on the part of one spouse.

No-Fault Divorce in Texas

Though there have been efforts to repeal the Texas no-fault divorce law in the last couple years, it’s still on the books. If you want to seek a no-fault divorce, the grounds typically stated are that the marriage is “insupportable,” which means there is conflict or discord between you and your spouse and no “reasonable expectation of reconciliation.”

At-Fault Divorce in Texas

Assessing fault in a Texas divorce proceeding can be advantageous with respect to custody, visitationsupport, or property determinations. The grounds for at-fault divorce in Texas are the following:

  • Living apart—This ground is available if you have not lived with your spouse for at least three years
  • Confinement in a mental institution—You can seek to terminate your marriage if your spouse has been or will be confined in a state or private mental hospital for at least three years. You also must show that the mental condition is such your spouse is unlikely to recover, or if there is a recovery, that a relapse is probable.
  • Cruelty—You can file for divorce if your spouse has subjected you to treatment that makes it impossible for you to live together.
  • Abandonment—If your spouse has left the marital home and been gone for at least one year, that is sufficient grounds for divorce.
  • Conviction of a felony—You must bring evidence to the court that your spouse has been convicted in a court of law.
  • Adultery—You must provide proof of adultery to the court. You cannot obtain a divorce merely on the assertion of infidelity.

Contact the Law Office of Mark B. Jones

To arrange a private consultation with an experienced Texas family law and divorce attorney, call us at 979-849-8076 or contact us online. Our offices are conveniently located just two blocks from the courthouse in Angleton. We will meet with you evenings or weekends, if necessary. Credit cards are welcome and payment plans can be arranged.