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What are the grounds for divorce?

On Behalf of | Mar 15, 2022 | Divorce |

A divorce may spring out of an agreement between spouses to go their separate ways. There is a reason behind the decision to split, and whoever files for divorce cites it in the petition.

Under Texas law, divorcing couples may choose to name the cause or grounds of their divorce or generalize it under a no-fault designation. Learn more about what Texas allows couples to cite as the reason for their marriage ending.

What are no-fault grounds?

Some options for grounds do not point the finger at who caused the rift. These no-fault reasons mean that the spouse filing for divorce does not think things will change. The most common divorce reason is insupportability, which means the couple has differences that caused their marital bond to break beyond repair. The petitioner states that the marriage is not salvageable because of the breakdown. Insupportability is the equivalent of irreconcilable differences in other states.

What are fault grounds?

When a spouse does something that facilitates the breakdown of the marriage, the other may cite it as grounds for divorce. These fault-based reasons often lead to the emotional distress of the innocent spouse. Fault-based grounds include:

  • Adultery
  • Cruelty
  • Abandonment
  • Felony conviction

What role do grounds play?

A judge may consider the grounds in a divorce to rule on important issues. However, the party citing the reason must have adequate evidence of it. Suspicion does not mean anything in court. If a spouse can prove the allegations, a judge may use the evidence to rule on things such as child custody or property disbursement.

If a couple goes to court for their divorce rather than settling things in alternative dispute resolution, the grounds for divorce may mean something to a judge. However, nothing is a guarantee.