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Grounds for Divorce in Texas

The Reasons For Which You Can File

Getting a divorce is a big decision, and with that choice comes the necessity of understanding the legal process surrounding divorce. Knowing what reasons for divorce are allowable under Texas law is essential prior to filing the paperwork. Here is what you need to know about the grounds for divorce in Texas.

Fault and No-Fault

Under Texas law, a person can choose to file for divorce based on fault or may divorce based on no-fault. A fault-based divorce requires that there be some type of wrongdoing committed by the other party and that blame for the divorce be assigned, whereas a no-fault divorce does not require blame and merely requires that there be irreconcilable differences between a couple in order to file for divorce.

A divorce based on fault is becoming less common due to the presence of no-fault divorce as well as the requirement for clear and convincing evidence of a person’s wrongdoing when proving fault.

Can I Still File Based on Fault?

You still have the option to file for a divorce based on someone’s wrongdoing. Texas law gives these reasons as acceptable for a fault-based divorce.

  • Cruelty.

  • Adultery.

  • Felony conviction.

  • Abandonment.

  • Living apart.

  • Confinement in a mental hospital due to a condition that will not get better over time.

Should you choose to file for divorce based on one of these grounds, keep in mind that you will have to show proof that wrongdoing occurred, and the evidence you use must be clear and convincing.

What About No-Fault?

The grounds for a no-fault divorce is referred to as insupportability. Basically, the number of disagreements between a couple has become so large that the differences cannot be resolved and have caused irreconcilable harm to the marriage leaving it beyond repair. Since this reason does not require proof like other grounds for divorce do, it is much more common for a person to file for divorce based on this reason.

The Necessity of an Attorney

Regardless of which type of divorce you are filing for, it is important to work with a divorce attorney who can help you determine the best path forward. Their legal expertise makes them one of the most valuable resources you can have. At Jeff Gilbert Law Office, we understand that divorce can be incredibly difficult from the start, which is why we are here for you and are ready to help you start the next chapter of your life.


To schedule a consultation, call our office at (979) 200-6556 or visit us online.

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