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What Are the Grounds for Divorce in Texas?

The first step to getting a divorce in Texas is filing the Petition for Divorce and declaring the appropriate grounds, or reason, for which the divorce is being sought. There are multiple grounds for getting a divorce in Texas, but remember, you must be able to prove to the court that this is indeed the correct reason.

Listed below are the seven grounds for filing a divorce in Texas:

  • Insupportability. This is the only “no-fault” grounds for divorce and the most commonly used in the state of Texas. It means your marriage is no longer supportable because of personality conflicts and there’s no hope things will get better. Basically, you are no longer compatible. You do not have to prove anything thing to the court if you file under insupportability.
  • Cruelty. This can include verbal, mental and physical cruelty.
  • Adultery.  Adultery can be used as grounds for divorce if a spouse cheated during the marriage.
  • Conviction of a felony.  If your spouse has been convicted of a felony or has been in prison for over a year, this may be used as grounds for divorce.
  • Abandonment. This means your spouse has abandoned you for more than a period of one year with no intention of coming back.
  • Living apart. Only to be used if you and your spouse have lived apart from each other for three years or more.
  • Confinement in a mental hospital. This is grounds for divorce if your spouse has been in a mental hospital for more than three years and it is unlikely a recovery will be made.

Before filing the Petition for Divorce it is a good idea to contact a Houston family law attorney for assistance in determining the appropriate grounds for divorce, as well as to provide you with legal counsel and representation.

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Robert Reid McInvale
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Robert Reid McInvale is an experienced family law attorney with a comprehensive practice in Houston. He provides dedicated and strong advocacy for his clients, helping them with all the issues surrounding their divorce, separation, child custody, and other marriage and family matters. Attorney McInvale—Reid to clients and friends—seemed destined for a law career. Born while his father was attending Emory University Law School, Reid grew up in Manchester, GA. His father was the city attorney for many years, as well as head of the Manchester Chamber of Commerce. It is in the family blood to become lawyers and help people get justice. U.S. Supreme Court Chief Justice John Marshall is part of the McInvale family tree.

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