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What are the grounds for divorce in Texas?

Entering into a marriage does not automatically ensure that a couple will remain as happy as they once were on their wedding day. Divorces occur for many reasons, ranging from infidelity to simply not getting along. Texas residents who are contemplating divorce may want to familiarize themselves with the Texas Family Code, which lists the grounds for which the court may grant a divorce.

Like many states, Texas is a no-fault divorce state. The court may grant a divorce without identifying fault of one spouse if the marriage falls apart due to the clashing of personalities or other reasons that prohibit reconciliation of the marriage. On the other hand, the court may rule in favor of a spouse if the other spouse is found guilty of adultery or cruelty. The court may also rule in favor of one spouse if the other spouse has been in prison for at least one year, has been convicted of a felony, or has been residing in a mental hospital for at least three years.

In a situation where a husband and wife have been consensually living separately for at least three years, a no-fault divorce may be granted. If one spouse has abandoned the other spouse for a period of one year or more, a divorce may be granted in favor of the spouse who was abandoned.

No matter the reason for filing for divorce, it is important to have a clear understanding of the grounds for divorce in Texas, along with other legal procedures that go hand-in-hand with ending a marriage. Speaking with a knowledgeable family lawyer may be beneficial to those who are contemplating divorce, so that one's rights, assets and parental rights are protected.

Source: State of Texas Legislature, "Family Code Chapter 6 - Suit for Dissolution of Marriage," accessed on Sept. 15, 2014

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