People enter into marriage for many different reasons. Many people marry for love, although some people marry for practical reasons, such as the need for health insurance coverage. Some people even marry because their families make arrangements for them.
People do not need to explain why they want to marry their spouses to legally enter into matrimony, but they do generally need to explain why they want to divorce when ending a marital relationship. Marriage requires the continued consent of both spouses, while divorce typically only requires the consent of one of the spouses.
However, the spouse hoping to end a marital relationship generally needs valid legal grounds to justify the divorce filing. Texas recognizes both fault-based and no-fault grounds for divorce. What circumstances provide legal grounds for a divorce filing?
No-fault grounds
There are actually two different no-fault grounds for divorce in Texas. Spouses can qualify for no-fault divorce after living separately for three years. Either spouse could also assert insupportability, which means the relationship has degraded past the point of no return.
Some people also include involuntary commitment grounds as no-fault grounds. One spouse can file for divorce if the other has remained confined to a mental hospital for three years or longer and there is little hope for their recovery.
Fault-based grounds
There are also multiple fault-based grounds that either spouse can use to justify a divorce filing. Adultery or infidelity is a fault-based justification for divorce. Spouses can also seek divorce on the grounds of cruelty, which may include physical or emotional abuse.
Abandonment, which involves leaving the marital home and ceasing to provide practical support, can also be grounds for support if the situation persists for a year or longer. Finally, a conviction for a felony offense during the marriage that results in at least a year in state facilities can be grounds for divorce.
There are benefits and drawbacks to both no-fault and fault-based divorce proceedings. Those pursuing divorce based on the fault of a spouse typically need evidence of qualifying circumstances to convince the court that divorce is necessary.
Those contemplating divorce may need to discuss their situation with a skilled legal team to determine which approach is best. Understanding that there are several options for filing could help people start making practical decisions regarding the possibility of divorce.