Grounds for Divorce

In almost all cases, insupportability is the sole ground alleged, and it is legally sufficient. However, as noted above, occasionally multiple grounds may be alleged because marital "fault" is permitted to be taken into account in the court's assignment of property and alimony/spousal maintenance. But proof of "fault" may be considered even when irretrievable breakdown is the sole ground alleged.

The grounds for dissolution are the following:

•1.Insupportability
•2.Cruelty
•3.Adultery
•4.Conviction of felony
•5.Abandonment
•6.Living Apart
•7.Confinement in mental hospital 
 
Sec. 6.001.  INSUPPORTABILITY.  On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.002.  CRUELTY.  The court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.003.  ADULTERY.  The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.004.  CONVICTION OF FELONY.  (a)  The court may grant a divorce in favor of one spouse if during the marriage the other spouse:

(1)  has been convicted of a felony;

(2)  has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and

(3)  has not been pardoned.

(b)  The court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 25.056, eff. September 1, 2009.

Sec. 6.005.  ABANDONMENT.  The court may grant a divorce in favor of one spouse if the other spouse:

(1)  left the complaining spouse with the intention of abandonment;  and

(2)  remained away for at least one year.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.006.  LIVING APART.  The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.007.  CONFINEMENT IN MENTAL HOSPITAL.  The court may grant a divorce in favor of one spouse if at the time the suit is filed:

(1)  the other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Safety Code, in this state or another state for at least three years;  and

(2)  it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.

Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.

Sec. 6.008.  DEFENSES.  (a)  The defenses to a suit for divorce of recrimination and adultery are abolished.

(b)  Condonation is a defense to a suit for divorce only if the court finds that there is a reasonable expectation of reconciliation.

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