Reasons You Can Legally Get a Divorce in Texas

I don't think any Texan goes into a marriage expecting to get divorced, but it happens! And if you're from Texas, then you'll definitely want to know the legal grounds for divorce in the Lone Star State.

Love is a splendid thing -- until it isn't! We recently learned about the legal limit of marriages in Texas- which you can read about here. But, what about divorce? In one of the rules for legal marriages, you have to already be divorced from your former spouse in order for the state to legalize your new marriage.

So what are the legal grounds for divorce in Texas? There are seven in total.

In Texas, divorce, legally referred to as "dissolution of marriage," can be granted on both fault and no-fault grounds. Here are some key points:

1. No-Fault Grounds:
   • Living Apart: If spouses have lived separately for at least three years.
   • Insupportability: A no-fault ground where the marriage has become insupportable due to discord or conflict that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
   • Confinement to a Mental Hospital: The party must have been confined for at least three years and the severity of their mental disorder is to the degree that it’s unlikely to improve and, if it does, relapse of the disorder is very likely.

Although Texas allows for no-fault divorces, it also recognizes a number of “fault grounds” for divorce.

1. Fault Grounds:
   • Adultery: One spouse has committed adultery.
   • Cruelty: One spouse has treated the other cruelly, making living together insupportable.
   • Felony Conviction: One spouse has been convicted of a felony and imprisoned for at least one year.
   • Abandonment: One spouse has abandoned the other for at least one year with the intent to abandon.

It's important to note that while fault grounds may influence property division and alimony, Texas is a "community property" state, meaning that the court aims for a just and right division of community property (assets acquired during marriage). Additionally, the legal process and requirements for divorce can vary, so it's advisable to consult with a family law attorney for personalized advice based on your specific situation.

Divorce can get messy, but if you go into it with these things in mind, you may have a smoother transition.

EDIT: This post was originally published on March 9, 2024.