In Texas, the grounds for divorce are determined at the discretion of the trial court and can be based on both no-fault and fault grounds. The three no-fault grounds include:
- Insupportability: This is the most common ground for divorce and does not require proof of wrongdoing by either party. It simply requires evidence that the marriage has become insupportable due to discord or conflict.
- Living Apart for Three Years: If the spouses have lived apart without cohabitation for at least three years, this can be a ground for divorce.
- Confinement in a Mental Hospital: If one spouse has been confined in a mental hospital for at least three years and their condition is unlikely to improve, this can be grounds for divorce.
Texas also recognizes several fault grounds for divorce, including cruelty, adultery, conviction of a felony, and abandonment. While fault grounds can influence the court’s decision on property division, they are not necessary to obtain a divorce. Understanding these grounds can help you determine the best approach for your case and discuss potential outcomes with your attorney.