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What are grounds for divorce in Texas?

Many may have the idea that San Antonio couples do not need a reason to end their marriages. The truth, however, is that if you are seeking a divorce, Texas law requires that you have a valid reason for doing so. Almost all states have well-defined scenarios that constitute valid grounds for divorce. The one that you cite as the reason for ending your marriage will determine of yours will be considered an at-fault or no-fault divorce.

The Texas Family Code list the following actions as justifying the dissolution of your marriage:

  •          Adultery
  •          Cruelty
  •          Abandonment

In the case of abandonment, your spouse must have been away for at least one year.

Your being confined to a mental hospital or convicted of a felony are also acceptable grounds for divorce in the state. If you cite any of these reason in your petition for a divorce, then yours is considered to be an “at-fault” case. In other words, you are placing the fault for your divorce on your spouse due to any of the aforementioned actions.

By contrast, a “no-fault” divorce means that you are not placing the blame for your separation on either you or your spouse. This happens when you cite insupportability as your reason for divorce. Insupportability is equivalent to irreconcilable differences, or disagreements that you and your spouse may have that lead to such discord and tension as to make your marriage intolerable.

While almost every state allows for some form of no-fault divorce, some require that both you and your spouse agree that irreconcilable differences do exist between you. However, Texas is not one of them. Thus, you are still able to proceed with a divorce even if your spouse does not want it. 

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