The state of Texas has recently become a “No Fault” state. What this means, is that neither party needs to prove anything beyond Insupportability to be granted a divorce. Insupportability states that the marriage is insupportable, that there is so much dissension, and incompatibility the marriage is no longer viable. The majority of divorces in Texas are filed under grounds of Insupportability, since there is essentially no case that needs to be proved.
There are other circumstances where one party may initiate a divorce under certain grounds. These divorces are usually contested and need to be proved by the person who has made the allegations.
There are different terms and grounds for divorce and if you are seeking a divorce that is not based upon Insupportability but on another ground, you will most likely want to make sure that you hire an attorney who will assist you with the legal groundwork involved.
According to Texas law you can seek a divorce based upon the ground of Cruelty. This may include physical and emotional abuse to mental cruelty. You may also legally file for divorce based upon the grounds of adultery. It is important that you have adequate proof of infidelity before filing based upon this ground. Love letters, emails, eyewitness accounts, and reports from a private investigator can all help prove your case.
If your spouse has been convicted of a felony and/or has been in state or federal jail for over a year, you may file for a divorce. If your spouse cannot be pardoned, you may very well win your divorce case. However, if your spouse was convicted due to your testimony, you cannot use Conviction of a Felon as grounds for a divorce.
Abandonment is another condition where you may be granted a divorce. To file for divorce based upon the grounds of Abandonment, you will have to prove that your spouse has been away for a year or more, and has no intention of returning.
Sometimes, couples separate and never file for divorce. If you and your spouse have been living in separate homes for over three years, you can file for divorce based upon the grounds of Living Apart.
You may also petition the court for a divorce based upon the grounds of Confinement in a Mental Hospital. This states that your spouse has been in a mental hospital for over three years, and there in no indication that they will recover.
While Texas is a No Fault state, if you file for divorce under one of these grounds: Abandonment, Adultery, Conviction of a Felony, Living Apart, Confinement in a Mental Hospital, or Cruelty, you are basically stating that your spouse is at Fault for the divorce. When you file for divorce based on a “Fault” ground, your spouse has a legal right to defend him or herself. Fault divorces are typically longer and more expensive then No Fault divorces. If you feel that you could file based on a Fault ground, you may want to consult an attorney to determine if it is truly worth filing this way.