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Reasons for filing for divorce

Family law in Texas recognizes several reasons a spouse could ask for a divorce. These legal reasons for ending a marriage are known as grounds for divorce. Spouses must give one of these reasons when petitioning for divorce, even if both parties agree on the decision.

One of these grounds for divorce, insupportability, allows both parties to escape fault. This reason states that some conflict has made a marriage insupportable with no hope of repairing the relationship. Similarly, if spouses have lived separately for three years or longer, they might have grounds for a divorce. Some grounds require the court to grant the divorce in favor of one party. If a spouse has been abandoned by his or her partner and that person has been gone for a year or longer, for example, courts might grant the abandoned spouse a divorce.

If one spouse has been committed to a mental hospital, the other might be granted a divorce if the person was committed for a minimum of three years. A spouse whose partner is in jail also has reason for divorce if the spouse was convicted of a felony, has been in prison for a year or more and has not been given a pardon. The final grounds for divorce are adultery and cruelty.

Many spouses choose to fight a divorce and seek out legal assistance instead of allowing their partner to leave. Spouses looking to successfully obtain a divorce might also find assistance from an attorney who could help prove their need for a dissolution of marriage based on legal grounds.

Source: Texas constitution and statutes, "SUBCHAPTER A. GROUNDS FOR DIVORCE AND DEFENSES", December 02, 2014

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