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Grounds for Divorce

  • Wade Christiansen
  • Sun, 07/08/2018 - 1:47pm

When couples marry, they dream of a permanent future together.  Many couples' dreams come true, and they share happiness in their marriage and family.  Sometimes, however, this goal of happiness is disrupted by the actions or inactions of one or both spouses.  These actions are often precipitated by difficult adversities that arise during the marriage.  The most difficult of circumstances can be overcome by the humility, sacrifice and work of both marriage partners.  However, If even one spouse is unwilling to make the sacrifice necessary to overcome the inevitable challenges, the marriage is in jeopardy and can lead to divorce.   In these circumstances, people need to understand their legal rights in a divorce case, including the legal grounds for divorce.

Some states recognize a right to divorce only if it can be proven that the other spouse engaged in bad behavior, such as adultery.  Texas, however, is among the states that grant a right to divorce even though neither spouse is at fault.  Today's blog will summarize the various grounds for divorce in Texas.


The Court may grant a divorce if the marriage has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the marriage relationship, and there is no reasonable expecation of reconciliation.  This is by far the most commonly used basis of divorce in Texas.


The Court may grant a divorce if a spouse is guilty of cruel treatment toward the other spouse that renders further living together insupportable.


The Court may grant a divorce if a spouse has committed adultery.

Conviction of Felony

The Court may grant a divorce if a spouse has been convicted of a felony, has been imprisoned for at least one year, and has not been pardoned.  However, this ground of divorce is not available if the conviction was based on the testimony of the other spouse.


The Court may grant a divorce if a spouse left the other spouse with the intention of abandonment and has remained away for at least one year.

Living Apart

The Court may grant a divorce if the spouses have lived apart without cohabitation for at least three years.

Confinement in Mental Hospital

The Court may grant a divorce if a spouse has been confined in a mental hospital for at least three years, and it appears that the mental disorder is of such a degree and nature that adjustment is unlikely or that if adjustment occurs, relapse is probable.

If your spouse has filed for divorce, or if you feel divorce is imminent for any of the above reasons, you should seek legal advice as soon as possible.  The attorneys at Christiansen Law Firm have extensive experience representing spouses in divorce matters. Contact the experienced divorce attorneys at Christiansen Law Firm to arrange a free consultation in our Houston or San Antonio offices.


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