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Do I need to have grounds for my divorce?

On Behalf of | Sep 22, 2021 | Divorce

When you file for divorce, you are actually suing your spouse to get out of your marriage contract. Because it is a legal process, you usually have to explain why you want to end the union.

Texas Family Code offers various options for grounds you can use to file for divorce. The grounds are the reason behind your request.

Basic grounds

You do not have to give details on why you want to end your marriage. You can claim insupportability, which is basically saying your marriage no longer works. Many people choose to use this reason because the court usually does not require proof or other testimony when you use it.

Other grounds

Adultery is another option. If your spouse had an affair, you can put this as the reason for filing. Do note, though, it will likely not have any other impact on your divorce as the court does not punish for adultery.

The court will also accept abandonment as grounds. This requires a separation of at least one year that began when your spouse left you without any support or contact.

Similar to abandonment is living apart. However, this does not require leaving without support or contact, but it does mean you and your spouse have not lived in the same home for at least three years.

There are also grounds associated with many negative issues that may come up in a marriage, such as cruelty or if your spouse is in a mental institution where he or she has been for at least three years with no expectation for a full recovery or management of the condition.

Finally, you can also use the grounds that your spouse is a convicted felon. The conviction needs to be after your marriage and includes at least one year of prison time.

Many people do not use a specific reason for the divorce request, but you may feel it is best in your situation to claim one.

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