GROUNDS FOR DIVORCE
The grounds for divorce in Texas are:
No Fault Ground:
Insupportability - In a no fault divorce the court will grant a divorce without regard to who was to blame in the
break-up of the marriage.
Fault Grounds:
Cruelty - The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment.
What constitutes cruelty? Something more than conduct that simply causes the complaining party nervousness or
embarrassment. Physical abuse, and often emotional abuse, will support this ground. One court has defined
cruelty as "willful and persistent infliction of unnecessary suffering, whether in realization or apprehension, whether
of mind or body and as acts that endanger or threaten life, limb or health of the aggrieved party and inflict mental
anguish."
Adultery - If adultery is proved on the part of one spouse the court may granted a divorce in favor of the other
spouse on that ground, but is not required to do so. For example, in cases involving children, the court could feel
it would be damaging to the children to find a public record labeling his/her parent an adulterer. If the court
declines to make a finding of adultery in the decree, the court can still use the adultery as the basis for a
disproportionate division of the community estate.
Conviction of Felony - The court may grant a divorce in favor of one spouse if the other spouse (1) has been
convicted of a felony (2) during the marriage (3) has been imprisoned for at least one year in a state or federal
prison and (4) has not been pardoned. The court may not however grant a divorce on this ground if the spouse
was convicted on the testimony of the other spouse.
Abandonment - The court may grant a divorce in favor of one spouse if (1) the other spouse left the complaining
spouse with the intention of abandonment and (2) remained away for at least one year.
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.
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 or private mental hospital for at least three years in this or
another state 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.
If you allege fault grounds or if you claim your spouse has behaved in such a way as to justify your being awarded
a disproportionate division of the community estate, you will need sufficient proof to support your contentions.
Your opinions or speculations alone will not be enough. Be honest with yourself and your lawyer about your own
conduct during the marriage. Remember, you don't have to allege fault for the court to award an unequal division
of the community estate. For example, if husband and wife have been married for a long time, wife has been a
stay at home mom and dad has a large income and a stable career, it is probable that the wife will be awarded a
larger percentage of the community estate.
Prepared by:
Pamela A. Calhoun, Attorney at Law
Lyric Centre
440 Louisiana, Suite 900
Houston, Texas 77002
713-236-7793
For further information on this topic, feel free to contact me at pcalhoun@pdq.net