In Texas, couples seeking a divorce must have grounds for dissolution of their marriage. Understanding the grounds for divorce is essential, as they can impact various aspects of the divorce process, including property division, child custody, and alimony. In this blog post, we’ll delve into the seven grounds for divorce in Texas, exploring both the three no-fault grounds and the four fault-grounds, and how each can influence divorce settlements.

1. No-Fault Grounds for Divorce:

Insupportability (Irreconcilable Differences):

• Impact on Divorce Settlements: Texas allows for “insupportability” as a no-fault ground for divorce, meaning that the marriage has become insupportable due to discord or conflict that destroys the legitimate ends of the marriage relationship. In cases of insupportability, the court does not assign blame to either spouse. This ground can simplify the divorce process and often leads to more amicable settlements.

Living Apart:

• Impact on Divorce Settlements: If spouses have lived apart without cohabitation for at least three years, this can serve as a ground for divorce. Living apart is considered a no-fault ground, and the court may take into account the duration of separation when determining property division and other settlement terms.

Confinement in a Mental Hospital:

• Impact on Divorce Settlements: Another no-fault ground for divorce in Texas is the confinement of one spouse in a mental hospital for at least three years. In such cases, the court may consider the mental health of the confined spouse when making decisions about property division and other aspects of the divorce settlement.

2. Fault Grounds for Divorce:

While Texas does offer no-fault grounds, there are also grounds laid out in the Texas Family Code that may impact the outcome of your divorce settlement. They include:

Adultery:

• Impact on Divorce Settlements: Adultery is a fault-based ground for divorce in Texas. If one spouse can prove that the other committed adultery, it can have a significant impact on the divorce settlement. The court may consider adultery when determining property division, alimony, and even child custody if it is deemed to have affected the children’s well-being.

Cruelty:

• Impact on Divorce Settlements: Cruelty, which includes physical or emotional abuse, can serve as a fault ground for divorce. If one spouse has been cruel to the other, it may influence the court’s decisions regarding property division, alimony, and even restraining orders or protective orders.

Abandonment:

• Impact on Divorce Settlements: Abandonment occurs when one spouse leaves the marital home with the intention of abandoning the marriage. If proven, abandonment can impact property division and alimony awards. The court may take into account the circumstances of the abandonment when making these decisions.

Felony Conviction:

• Impact on Divorce Settlements: If one spouse has been convicted of a felony and imprisoned for at least one year, it can serve as a fault ground for divorce. The court may consider the felony conviction when determining property division and alimony awards, especially if the conviction has financial implications.

Understanding the Impact:

• Property Division: Fault grounds for divorce, such as adultery or cruelty, can impact property division by influencing the court’s perception of each spouse’s contributions to the marriage and their conduct during the marriage.
• Alimony (Spousal Support): Fault grounds may also affect the award of alimony. For example, if one spouse committed adultery or was cruel, the court may be more inclined to award alimony to the innocent spouse.
• Child Custody and Visitation: While fault grounds generally do not directly impact child custody, the court may consider the conduct of each spouse when determining the children’s best interests.

Understanding the seven grounds for divorce in Texas is crucial for couples navigating the dissolution of their marriage. Whether based on no-fault grounds like insupportability or fault grounds such as adultery or cruelty, each reason can impact divorce settlements in various ways. At Gilbert Law Office, we have the expertise to guide you through the complexities of divorce proceedings, ensuring that your rights and interests are protected. Contact us today for a consultation, and let us help you navigate this challenging time with compassion and professionalism.