Grounds for Texas Divorce “Dissolution of Marriage”

Grounds for Texas Divorce “Dissolution of Marriage”




Texas recognizes seven reasons to end a marriage contract:

1) INSUPPORTABILITY. The court may grand a divorce without finding fault in either party, 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.


2) 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.


3) ADULTERY.  The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.


4) CONVICTION OF FELONY.  The court may grant a divorce in favor of one spouse if during the marriage the other spouse:

(a)  has been convicted of a felony;

(b)  has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and 

(c)  has not been pardoned.


5) ABANDONMENT.  The court may grant a divorce in favor of one spouse if the other spouse:  (1)  left the complaining spouse with the intention of abandonment;  and (2)  remained away for at least one year.  


6) 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.  


7) CONFINEMENT IN MENTAL HOSPITAL.  The court may grant a divorce in favor of one spouse if at the time the suit is filed:(1)  the other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Safety 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.


Although insupportability seams to be the most common reason given for divorce, it is best to consult with a professional to assist you in such a difficult decision as ending your marriage.