Before we get to grounds for divorce, we must first discuss the residency requirements to file for a divorce in the first place. In Texas, either the one filing for divorce (the petitioner), or the other party (the respondent), must have been a domiciliary of (have lived in) Texas for the previous six months and be a resident of the county where the divorce is being filed for 90 days before a divorce can be filed. For the purposes of divorce law, an active duty member of the armed forces who is stationed at a military base is considered a domiciliary of the state and the county the base is in, though the six month statewide and 90 day county-specific requirements still apply. If these residency requirements are not met, the court will dismiss the case.
Now, if residency requirements are met, there still have to be grounds for a divorce. These grounds include: (each quoted from the Texas Family Code)
- CRUELTY. The court may grant a divorce in favor
of one spouse if the other spouse is guilty of cruel treatment
toward the complaining spouse of a nature that renders further
living together insupportable. (6.002) - ADULTERY. The court may grant a divorce in favor
of one spouse if the other spouse has committed adultery. (6.003) - CONVICTION OF FELONY. (6.004)
- (a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse:
- (1) has been convicted of a felony;
- (2) has been imprisoned for at least one year in the state penitentiary, a federal penitentiary, or the penitentiary of another state; and
- (3) has not been pardoned.
- (b) The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.
- ABANDONMENT. The court may grant a divorce in favor of one spouse if the other spouse: (6.005)
- (1) left the complaining spouse with the intention of
abandonment; and - (2) remained away for at least one year.
- LIVING APART. The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years. (6.006)
- CONFINEMENT IN MENTAL HOSPITAL. The court may grant a divorce in favor of one spouse if at the time the suit is filed: (6.007)
- (1) the other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Code, in this state or another state for at least three years; and
- (2) it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.
So, there they are, the grounds for divorce: cruelty, adultery, conviction of a felony, abandonment, living apart, or confinement in a mental hospital. Additionally, Texas has a no-fault divorce law allowing for a divorce “if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation” (Texas Family Code 6.001). However, the court may consider faults when determining how to divide assets, so it is often recommended that the petitioner include faults in their petition, rather than seeking a no-fault divorce.
