What are the common grounds for divorce in Texas?

The most common grounds for divorce in Texas is what’s referred to as “insupportability.” Texas is a no-fault state, meaning that spouses don’t necessary have to have a reason for filling for divorce other than the fact they think the marriage can’t be saved.

If your personalities aren’t compatible any longer and you don’t feel you can continue to thrive within the marriage, the no-fault option provides an opportunity to dissolve the marriage.

Grounds for Divorce in Texas 

Texas also allows fault-based divorces. Other than insupportability, the Texas Family Code lists six other permissible grounds for divorce: 

• cruelty (defined as any cruel treatment “of nature that renders further living together insupportable”);
• adultery;
• conviction of a felony (and has been in prison at least one year with no pardon);
• abandonment (when one spouse leaves the other with the intent to abandon and has been gone at least one year);
• living apart (lived apart for at least three years);
• institutionalization (only if the defendant spouse has been in a psychiatric hospital for at least three years and his or her condition shows no promise of discharge).

If you’re contemplating what to use as your grounds for divorce, run your case by a local divorce attorney for review. A lawyer will be able to explain your options and how to best proceed with your petition for dissolution.

Insight into the Real Causes of Divorce 

The above are all the legal grounds for divorce in Texas. But what are the real reasons people get divorced?

Well, according to Utah State University (USU) researchers, the most commonly cited reasons for divorce are: 

• lack of commitment (73 percent);
• too much arguing (56 percent);
• adultery (55 percent);
• marrying too young (46 percent);
• unrealistic expectations (45 percent);
• lack of equality in the relationship (44 percent);
• lack of preparation for marriage (41 percent); and
• abuse (29 percent).

The percentages above total more than 100 percent given that people often cited more than one reason for their divorces.

Determining if Your Marriage in Unsalvageable 

Looking at the reasons above, it appears that in some cases the problems might be reparable. USU researchers noted that a large number of divorcees (up to half) admit “they wished they or their ex-spouse had tried harder to work through their differences.”

Of course, there are some cases that counselling and hard work can help fix. However, there are circumstances both spouses know they will never overcome and have a happy marriage. In such cases, divorce may be the right option so that you can move on with your life.

Discussing Your Options with a Divorce Attorney 

Before telling your spouse you want a divorce and before you file any paperwork, speak with a divorce attorney for legal advice to for clarification of the legal process required to file for divorce. Warren & Migliaccio serves individuals in Dallas and the surrounding areas who are pursuing divorce, child custody, and other family law matters. Contact us today at (888) 584-9614 for a free initial consultation.