grounds for divorce

divorce

The big day has arrived…the discussion about divorces. This is a huge topic, so I will have to divide it into sections. Today we will discuss the grounds for getting a divorce. This is a serious subject and can be a devastating stage in someone’s life. I have tried to add a little humor to the subject to make it an easier read. If you are in the middle of a divorce, or contemplating divorce and you do not think humor is appropriate, you can rest assured that I take each and every case that walks through my door deadly serious, and I play to win. Then again…a little humor never hurt anyone….

grounds for getting a divorce in Texas

There are basically 7 “grounds” for getting a divorce in Texas. Grounds are basically reasons to get a divorce. Back in the ancient days these used to matter more than they do now because now they have the no fault (insupportability) divorce. In the old days they did not have this and you had to have “grounds”.

insupportability

This is the most common reason for divorce. In my practice, I plead this in every divorce. You can plead other grounds (below) in addition to this one, but this one is most common. With this one you simply allege that the marriage has become insupportable because of discord and conflict, which destroys the legitimate ends of the marriage relationship and there is no reasonable expectation of reconciliation.

How is that for legal mumbo jumbo? This is the no contest divorce clause and translated means you and your spouse are not getting along and won’t be getting along ever again…SO GIVE ME A DIVORCE!

cruelty

You can get a divorce if your spouse is guilty of cruel treatment to the extent that further living together is not possible. LOL. Just about anybody reading this who is considering divorce probably feels like this applies to them. In my practice I sometimes allege this, but cannot say that I have ever used it as the grounds.

adultery

BAM! This is a big one. The definition is having sexual intercourse with one person while married to another. Two interesting little tidbits on this one…first, you will notice that it says “sexual intercourse”, so I guess all you bad little boys and girls out there (and I know you are out there considering some of the rumors I have been hearing about my readers) who are just doing the kissing thing or any other mouth activities are safe (wink wink). You are still guilty of being naughty.

The second interesting thing about the wording (or maybe it isn’t interesting) is that it says having intercourse with one “person” while married to another. So….any of my readers out there who may still be in the closet, this could apply to you.

As far as going to court over this ground, I have one thing to say…PROVE IT! I cannot tell you how many times this is raised in a divorce and about nine times out of ten there is no way to prove it. Even if you can prove your spouse is running around with another “person” that in and of itself is not proof of “sexual intercourse”. Get it? Good!

Many times people (lawyers) use this ground to attempt to get their client a bigger share of the divorce property pot.

conviction of a felony

You can get a divorce in Texas if your spouse has been convicted of a felony AND has been imprisoned for at least a year AND has not been pardoned. Pretty self explanatory. The funny part about this one is one last little item of the statute that says a divorce may not be granted under this section if the convicted spouse was convicted on the testimony of the other spouse!

Translated that says if your mean a#$ put me in here, guess what, you can’t divorce me! BOO YA! Kidding of course.

abandonment

You can get a divorce in Texas if your spouse hauled butt on you with the intention of abandoning you and has not returned for a year. Simple.

I get a lot of calls from people stating that there spouse just moved out and abandoned them…”I want to claim abandonment”. Well, we now know the requirements.

living apart

You can get a divorce on this ground if you and your spouse have lived apart without cohabitation (living together) for at least three years. Why not just use abandonment? What constitutes “abandonment” versus just separating and “living apart”? Enquiring minds want to know!

I don’t know the answer to these questions. I could find it, but quite honestly, why? Just get an “insupportable” divorce. Actually, there may be strategic reasons for using grounds other than “insupportability”, but not in your typical case.

confinement in mental hospital

If, at the time you file for divorce, your spouse is confined in a mental hospital, and has been for three years, and it looks like they are not getting any better, you can seek a divorce.

So there you go…7 grounds for getting divorced in Texas. Like I said earlier, almost all divorces that I have been involved with are granted on the grounds of insupportability. However, there are situations when alleging other grounds can be advantageous to your case.

To learn more about me, visit my new blog at www.theDallasDivorceBlog.com or www.PlanoDivorceBlog.com

Until next time….


The information contained in this blog is provided for informational (and sometimes entertainment) purposes only and should not be construed as legal advice on any subject matter. I can guarantee you that I am not covering every facet of the family code, and there may be hidden gems in the Family Code that could make or break your case based upon your specific fact situation. No recipients of content from this blog, retained client or otherwise, should act or refrain from acting on the basis of any content included in this blog without seeking the appropriate legal or other professional advice. ALL CASES ARE DIFFERENT BECAUSE OF THE FACTS PARTICULAR TO YOUR CASE; THEREFORE YOU NEED A LAWYER TO DISCUSS THOSE SPECIFIC FACTS. I expressly disclaim all liability in respect to actions taken or not taken based on any or all of the content of this blog. Talk to a lawyer first, preferably me, it is that simple!