What Are the Grounds for Divorce in Houston, Texas?

If you’re considering divorce, your first step should be to consult with a lawyer to find out how the process works. At C.E. Schmidt & Associates, PLLC in Houston, TX, we can provide you with a divorce lawyer in Houston to walk you through the process, including the legal grounds for divorce as recognized by the state of Texas.

What Are the Grounds for Divorce in Houston, Texas?

In Texas, the law recognizes both no-fault and fault-based grounds for divorce, which gives you different options depending on your circumstances. The different types of divorce have different legal requirements, implications for property division, and other potential consequences.

No-Fault Divorce

Texas is one of many states that allow no-fault divorce, meaning neither spouse is required to prove wrongdoing by the other to obtain a divorce. In a no-fault divorce, the primary ground cited is insupportability.

Insupportability

The Texas Family Code defines insupportability as the dissolution of the marriage due to “discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” Essentially, this means that the marriage has broken down beyond repair, and continuing the relationship would serve no useful purpose.
In a no-fault divorce based on insupportability, it is not necessary for either spouse to prove any specific misconduct. It is often the simplest and least contentious way to dissolve a marriage, as it avoids the need to argue about who is responsible for the breakup.

Benefits of No-Fault Divorce

No-fault divorce offers several advantages if you and your spouse agree that a divorce is the best course for you both. Firstly, it is less adversarial than a fault-based divorce. By avoiding the need to prove fault, no-fault divorces tend to be less contentious and more amicable. This can lead to quicker resolutions and lower legal costs.

Secondly, it is focused on resolution. Since the emphasis is on the marriage’s irreparable breakdown rather than assigning blame, spouses can focus on important issues like property division, child custody, and support. Thirdly, it protects your privacy; in a no-fault divorce, you will not be required to air any personal issues or sensitive matters in court.

Fault-Based Divorce

While no-fault divorces are common, Texas also allows spouses to file for divorce based on specific fault-based grounds. These grounds require one spouse to prove that the other engaged in conduct that caused the marriage to break down.

Adultery

Adultery is one of the most common fault-based grounds for divorce in Texas. If one spouse can prove that the other engaged in extramarital affairs during the marriage, they may be able to use adultery as grounds for divorce. To establish adultery, the accusing spouse must provide evidence that their partner engaged in a sexual relationship with someone outside of the marriage. This could involve presenting text messages, emails, photographs, or witness testimony to prove the affair.

Cruelty

Cruelty is another fault-based ground for divorce in Texas. If one spouse is guilty of cruel treatment toward the other, to the point where living together becomes unbearable, the court may grant a divorce based on cruelty. This ground is typically used in cases where one spouse has inflicted emotional or physical abuse on the other.

To prove cruelty, the filing spouse must demonstrate that their partner’s behavior was intolerable and caused significant harm or suffering. This could include evidence of physical violence, emotional abuse, threats, or other forms of mistreatment.

Abandonment

Abandonment occurs when one spouse leaves the other with the intention of ending the marriage and remains absent for at least one year. To use abandonment as grounds for divorce, the filing spouse must prove that the other spouse left voluntarily and without any intention of returning. Abandonment can be particularly relevant in cases where one spouse is left to care for the household and children without support from the absent spouse.

Felony Conviction

If one spouse is convicted of a felony and sentenced to imprisonment for at least one year, the other spouse may file for divorce based on the felony conviction. However, this ground cannot be used if the convicted spouse was pardoned or if the conviction was based on the other spouse’s testimony.

Living Apart

Texas law allows for divorce based on living apart if the spouses have lived separately and without cohabitation for at least three years. This ground is generally used when the marriage has effectively ended, but neither party has taken formal steps to file for divorce until much later. A divorce based on living apart is similar to a no-fault divorce in that it does not involve proving any wrongdoing.

Confinement in a Mental Hospital

A spouse may file for divorce if the other spouse has been confined in a mental hospital for at least three years, and it appears that their mental condition is unlikely to improve. This ground is rarely used, but it is available in cases where mental illness has made the marriage untenable.

Filing for Divorce in Texas: Key Considerations

Regardless of the grounds for divorce, there are several important considerations to keep in mind when filing for divorce in Houston:

Residency Requirements

To file for divorce in Texas, at least one spouse must meet the residency requirements. The filing spouse must have been a state resident for at least six months and a resident of the county—such as Harris County, where Houston is located—for at least 90 days.

Property Division

Texas is a community property state, meaning all assets and debts acquired during the marriage are generally divided equally between the spouses. However, fault-based grounds like adultery or cruelty may influence the court’s decision, leading to an unequal division of assets in favor of the wronged spouse.

Spousal Support (Alimony)

In Texas, spousal support is not guaranteed. It is typically only awarded in circumstances such as when one spouse is unable to support themselves financially. Again, filing for a divorce on fault-based grounds may affect whether spousal support is awarded and how much is paid. The spouse who committed adultery may be less likely to receive spousal support or may be required to pay more.

Child Custody and Support

If children are involved, the court will prioritize their best interests when determining custody and visitation arrangements. Fault-based grounds like cruelty or abandonment may impact custody decisions, especially if one parent is deemed unfit or incapable of providing a safe environment for the child.

Child support is calculated based on Texas state guidelines, which take into account the income of both parents and the needs of the child.

Contact a Divorce Lawyer in Houston

No-fault and fault-based divorces have very different requirements, but that doesn’t mean it is always easy to decide on which path to take when you’re planning to file for divorce. If you are looking for help and legal advice, we are here for you. As a firm with years of experience in this area of the law, we can assess your case and give you advice on the best way to proceed.

In Houston, Texas, couples can file for divorce on both no-fault and fault-based grounds. While a no-fault divorce based on insupportability is often the simplest and least contentious option, fault-based grounds like adultery, cruelty, and abandonment can impact the division of property, spousal support, and child custody arrangements. To find out more, contact us at C.E. Schmidt & Associates, PLLC in Houston, TX to book a consultation.