Every suit for divorce must be based one or more “legal grounds” that merit asking a court to dissolve the marriage and decide other appropriate relief (e.g. dividing assets and debts and determining issues impacting children of the marriage). What follows is a brief description of some of the more common grounds for divorce listed in the Texas Family Code.
Insupportability is regarded as Texas’ version of “no fault” divorce. Do not confuse “no fault” with “no evidence.” In the words of the Family Code, the party who filed for divorce must testify that “discord and conflict has destroyed the legitimate aims of the marriage, and there is no reasonable expectation of reconciliation.” In short, a simple yet sincere statement that the marriage is broken and can’t be fixed typically is all the court needs to hear. As a general rule, insupportability is plead in every divorce petition and any additional grounds—such as those listed below—depend on the facts and objectives of your case.
Cruelty involves more than frustration, embarrassment or hurt feelings. It generally involves a pattern of mental or physical abuse, or persistent humiliation and mental anguish that makes the marriage insufferable.
Sadly, adultery needs no further explanation.
Conviction of a Felony
A divorce may be based on the other spouse having been convicted of a felony and imprisoned for at least one year without pardon.
Other legal grounds exist in the Family Code. A qualified attorney should bring them to your attention as they may fit the facts and objectives of your case.