Grounds for Divorce

There are two primary reasons why someone would file for divorce in Texas - those are “no-fault” and “fault.” Before deciding to file for divorce in Texas, both parties must work together to establish proper grounds for divorce. It is imperative that both parties agree upon and substantiate the grounds. If this cannot be done, the divorce would be considered “contested” rather than uncontested and would need to be proven in court, rather than qualifying for a DIY divorce in Texas.

Grounds for a no-fault divorce in Texas include:

• Both parties feel the marriage no longer works due to discord or a clash of personalities to an end that prevents the reasonable expectation of reconciliation by either party.
• The two married individuals have lived separately without cohabitating for at least three years.

Fault-based grounds for divorce under the “General” Status in Texas include:

• Abandonment
• Adultery
• Conviction of a felony and imprisonment for over one year
• Cruel and inhuman treatment
• Felony Imprisonment for Over One Year
• Institutionalization for Insanity for Three or More Years
• Custody Decisions in Texas Divorce Cases