Seven Grounds for Divorce in Texas

Divorce is a difficult situation for any couple. After arguments or disagreements, a couple may decide to end their marriage. Another couple may end their marriage based on infidelity or physical abuse. Specific grounds for divorce are stated to gain an advantage in a contested divorce, whether it be for custodial rights or the altering of monetary distribution.


There are seven grounds for divorce in the state of Texas as listed by the Texas Family Code. Knowledge beforehand can assist you when consulting a divorce attorney. Here is a list of the seven grounds (2-7 are considered “at fault” and require proof of allegations):

  • Insupportability – Most commonly used because the spouse filing for divorce does not need to prove anything for the divorce to be processed and finalized. It states that there is no possibility of reconciliation due to conflict or disagreements.
  • Cruelty– Alleges that your spouse is guilty of cruel treatment ranging from physical abuse to mental abuse, and that you cannot further continue living with your spouse.
  • Adultery-Alleges that your spouse has been unfaithful in having sexual relations with another person.
  • Conviction of a Felony– Petitioning under this ground in Texas requires that your spouse be convicted of a felony, has been in state or federal jail for over a year, and has not been pardoned. This ground may not be used if your spouse was imprisoned because of your testimony.
  • Abandonment– Alleges your spouse left without the intention of ever returning; therefore, with the intention of abandonment.
  • Living Apart– This states that you and your spouse have been living apart for more than 3 years.
  • Confinement in Mental Hospital– Used if your spouse has been institutionalized in a mental hospital for over 3 years and there is reason to believe that there is no sign of recovery.

Contact Us

For more information on filing for divorce, contact the divorce attorneys in McAllen of Barrera, Sanchez & Assoc., P.C. at (956) 287-7555. They will guide you with legal expertise and experience.

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