Though efforts have been made in recent months to eliminate the no-fault option for divorce in Texas, you can still seek to dissolve your marriage without stating specific grounds. However, there can be benefits to assessing fault in a divorce, particularly when it comes to custody, visitation and spousal support. Here are the causes that may legally be stated for the dissolution of a marriage in Texas:
- Adultery or marital infidelity—This is the most common basis for seeking an at-fault divorce. If you can show that your spouse was unfaithful, the court will generally consider that a valid reason to terminate the marriage.
- Abandonment—If your spouse ceases to cohabitate with or be in relationship with you for at least one full year, that can provide the necessary cause for a divorce
- Living apart—If you and your spouse have not cohabitated for at least three calendar years, you can seek an at-fault divorce, even if you are in regular contact on a daily basis.
- Cruelty—If you have been subjected to physical or mental cruelty, such that it would be unbearable for you to live together, you have a right to pursue an at-fault divorce
- Confinement in a mental hospital or facility—If, when you filed for a divorce, your spouse was a patient or resident of a mental institution, either state-run or privately operated, and had been there for at least three years, you can state adequate grounds for a divorce. However, you must also show that there is no prospect for recovery by your spouse.
- Conviction of a felony—If your spouse becomes incarcerated for a felony and spends at least a year behind bars, you can seek an at-fault divorce. However, this option is not available if your testimony was used to convict your spouse.
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