Grounds for Divorce in Houston Texas

If you’ve found your way to this article, that likely means things are feeling pretty rocky at the moment. You’ve exhausted all your resources for reconciliation, and you’re seriously considering divorce. We know how difficult it is to come to a decision like this. The process can be painful and complex. With that in mind, we are here to help make it a little easier for you. So the first thing you need to do is to establish the grounds for divorce. 

What are the grounds for divorce in Houston Texas?

It’s important to know, as you enter this process, that there are seven grounds to specify in a divorce petition. Of those seven, six are fault grounds. One, which is insupportability, is no-fault grounds.

Let’s take a look at the seven grounds.

1. Living apart

   The Court may grant a divorce without fault if the spouses have been living apart for at least three years. However, the spouses may not have cohabitation at all during that time.

2. Confinement in a mental hospital

   If a spouse has been confined to a mental hospital for at least three years, and it seems as if the mental disorder is of such a nature and degree that the individual will not adjust, or they are likely to relapse, this ground applies.

3. Cruelty

   Pleading cruelty in a petition isn’t necessarily complicated. But proving cruelty in Court can be a bit tricky. Cruelty means that one spouse’s behavior was so extreme that living together is no longer possible.  

4. Abandonment

   If a spouse has voluntarily left the complaining spouse, abandonment as grounds for divorce applies. However, the spouse must have left with the intent to abandon, remain gone for at least one year, and have no intentions to return to live with the complaining spouse. It’s important to know that the abandonment must be continuous for at least one year. If the spouse returns, even briefly, it could mean the clock restarts. However, if the returning spouse has no intentions to continue living together upon their return, the Court may still grant a divorce.

5. Conviction of a felony

   If your spouse is convicted of a felony offense, unless the state’s case against the convicted spouse is based on your testimony, this is grounds for divorce. In the case that the state’s conviction is based on your testimony, then insupportability or cruelty may then be grounds for a divorce.

6. Adultery

   Adultery means, according to the Merriam-Webster dictionary, the voluntary sexual intercourse between a married person and someone other than the person’s current spouse or partner. In the case of adultery, you need to have clear and positive proof that your spouse is having an affair. That can be provided in ways such as receipts or bank statements reflecting purchases of gifts, loans, jewelry, trips, etc for their lover. 

7. Supportability

   Insupportability as a ground for divorce means that at least one party in the marriage wants a divorce. The purpose of insupportability, which was added as a ground for divorce in Texas in the 1970s, is to offer no-fault grounds for divorce. Essentially, opting for insupportability allows a divorcing couple to begin legal divorce proceedings without producing specific accusations. Using insupportability may help aid in a less-contentious divorce.