Sometimes it doesn’t work out and you start thinking about what you can do to end things before it gets worse. While the media makes it look like getting a divorce is simple, it actually isn’t as easy as it seems, especially in the Texas courts. Getting a divorce in the Lone Star state requires you to raise up and prove at least one valid reason for a court to permit the divorce. The Texas Family Code, the state law that outlines the grounds for divorce, has provided seven different reasons for it to occur. These grounds can be classified into fault or no-fault divorces, which will determine important outcomes for the split of marital property, the payment of alimonies and other aspects of your marriage. It is important for you to be represented by a reliable and effective divorce attorney during this process.

Adultery

When you can prove beyond a reasonable doubt that your spouse has had a sexual relationship with a person they are not married to, you have a legal ground to file for a divorce. Dissolving a marriage by proving adultery has occurred may seem like a difficult task, but obtaining evidence in unconventional ways, such as displaying intimate text messages and emails are possible avenues you can turn to. Getting a confession from the defendant, which is the best possible proof for the act, can help as well.

Cruelty

In Texas, cruelty as a ground for divorce must be proven by showing that your spouse has made any form of living together in the future impossible under any arrangement. This can be caused by your spouse persistently inflicting pain or suffering upon you. It can be mental or physical in nature. 

Criminal Conviction

To dissolve a marriage through this ground, you must prove that your spouse has been convicted of a felony offense, has been in prison for at least a year and has not been pardoned for the offense. However, if you had given testimony leading to this criminal conviction, a divorce cannot be granted on these grounds.

Abandonment

Through this ground, you must prove that your spouse had willingly left you with the intent of abandonment and lived apart for at least one continuous year.

Confinement in a Mental Hospital

This ground is applicable to spouses who have been confined in a psychiatric hospital for a minimum period of three years, with the mental disorder being of a severity which is unlikely to improve, or has a high probability of relapse upon discharge.

Insupportability

For a court to grant a divorce through insupportability, you must prove that your marriage is no longer tolerable and causes unendurable emotional suffering. Additionally, you need to show that this has led to no expectation of reconciliation between you and your spouse.

Living Apart

Similar to abandonment, you must prove to the court that you have lived apart from your spouse for at least a continuous period of three years, without any instance of cohabitation during that time.

Every divorce has its underlying reasons and no two divorces are the same. It is crucial for you to get the right assistance from a well-experienced divorce attorney during this difficult time. Before you file, have an honest discussion with your attorney to understand the best path ahead.