Divorce is never easy for people, and it has always been a difficult decision for couples to make. In Texas, like in other states, there are specific reasons why people get a divorce or at least grounds the law recognizes. So it is very necessary that you understand these grounds before making this decision in your life.
Grounds for Getting a Divorce in Texas
If you understand the grounds for getting a divorce, then you will know if you qualify for one. Also, it will give you an idea of what to expect during the process. With that said, here are some of the legal grounds for seeking a divorce in Texas, according to an Austin family law attorney.
Insupportability
In this case, it means that the marriage can no longer continue because of disagreements or conflicts. Most couples use this as a ground for seeking a divorce, especially when their conflicts can’t be resolved. Section 6.001 of the Texas Family Code says that if the marriage has become unbearable because of disagreements, you can file for divorce on the grounds of insupportability. It is often called a “no-fault” divorce because you don’t really have to prove that your spouse did anything wrong.
Cruelty
Another ground that the law recognizes in Texas is cruelty. Suppose one spouse treats the other in a way that makes living together very unbearable. What it means is they can divorce if there is physical abuse, emotional abuse, or any other cruel behavior. According to section 6.002, if you have been treated cruelly by your spouse, then you can file for divorce. However, to make this claim, you need to show evidence of this cruel behavior. You can prove it with medical records, witness statements, or other relevant documents.
Adultery
Couples may divorce if one spouse has cheated on the other. So, if your spouse has been unfaithful, then you can file for divorce on the grounds of adultery according to section 6.003. It is quite challenging, however, to prove adultery, but there are many things you can tender. For instance, you can submit evidence such as text messages, emails, or photos to help with your case.
Conviction of a Felony
Section 6.004 of the Texas Family Code provides that if your spouse has been convicted of a felony, you can file for a divorce. However, they must have been imprisoned for at least one year before you can file a lawsuit on these grounds. Also, the conviction must be final, and your spouse cannot have been pardoned.
Abandonment
This is when one spouse leaves the other with the intention of ending the marriage and stays away for at least one year. Section 6.005 states that if your spouse has abandoned you for this period, then you can file. However, you need to show proof that they left without any intention of coming back.
Living Apart
Another ground for divorce is if you have been living apart for at least three years. In other words, you have not lived as a married couple during that period. Section 6.006 allows couples to seek divorce on this ground. It recognizes that sometimes couples simply grow apart and will need a formal end to their marriage.
Confinement in a Mental Hospital
Section 6.007 will allow you to divorce if your spouse has been confined to a mental hospital for at least three years. If it appears that their mental condition is not likely to improve, then you’re allowed to end the marriage.
Final thoughts
Divorce is a tough journey, but you don’t have to go through it alone. It can be complex, and you may be prone to common mistakes. That’s why you need an Austin family law attorney who understands local laws. They can guide you through each step. You will need representation so you get a fair outcome, especially in cases involving property division, child custody, and support.
