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What are the grounds for divorce in Texas?

Married couples in Texas might end up deciding to get divorced. As a fault state, Texas requires couples to use one of the seven grounds for divorce.


One spouse can seek a divorce on grounds of abandonment when the other deliberately left, abandoning them. This must have been the situation for at least one year to seek a divorce.


One of the most common grounds for divorce is adultery. If a person has carried out an extramarital affair, their spouse can file a petition for divorce.

Confinement in a mental hospital

If a spouse has been confined in a mental hospital for at least three years and shows no signs of getting well from a mental illness, the other spouse can file for divorce.

Conviction of a felony

A person can file for divorce on grounds that their spouse received a felony conviction and has been in prison for at least one year. If the spouse was not pardoned for the offense, they can seek a divorce. The only exception is if the person testified in court to help convict their spouse of the crime.


If one spouse treats the other with cruelty, the victimized spouse has the right to file for divorce on grounds of cruelty.


Grounds of insupportability means that a married couple has too many differences that they cannot resolve. This is often also known as “irreconcilable differences.”

Living apart

Living apart is grounds for divorce when a couple has lived separately from one another for at least three years.

Residency requirements for Texas divorces

When a person wishes to file for divorce in Texas, they can file as long as either spouse has lived in the state for at least six months. They must file in the county of residence and have lived there for at least 90 days. If the filing spouse doesn’t live in Texas, they can file in the county where their spouse lives.