Bolton Law: Exploring Grounds for Divorce in Texas – From Fault to Insupportability
Years ago, unless a person had grounds for divorce, they were not allowed to get divorced from their current spouse. Sometimes they had to prove that their spouse was cruel and had beaten them or abused them. Other times, it was easier for a couple to live apart for a period of years and then cite abandonment as the grounds for their divorce. And, of course, many people cited adultery as the legal grounds for their separation and divorce. For the most part, people today don’t need to cite any specific reason for getting divorced.
Our Texas divorce lawyers typically cite something called insupportability as grounds for divorce. This is similar to what other states call irreconcilable differences. This just means that no matter what you and your spouse do, there is no saving the relationship.
If you are considering getting divorced and aren’t sure which grounds you should cite for your case, we can help. Contact one of our divorce attorneys in The Woodlands and we will sit down and go over your case one-on-one. Here, we will discuss the various grounds for divorce that exist under Texas law.
Like Most Other States, Texas is a No-Fault State When It Comes to Divorce
As briefly stated above, Texas is a no-fault state when it comes to divorce. Technically, neither party needs to cite any specific reason for why they want to divorce their current spouse. You simply file a complaint for divorce like you would file any other civil complaint. You would serve a copy of your complaint on your spouse, and then your divorce attorney in The Woodlands would help you finalize the matter. This doesn’t mean that people do not cite grounds for their divorce today.
Sometimes, for whatever reason, a person is intent on citing one of the various legal grounds for divorce. For example, you may cite cruel treatment at the hands of your spouse. Maybe they were verbally, emotionally, or physically abusive to you. Other people may decide to cite abandonment as a grounds for divorce. You will qualify for abandonment if your spouse has left and has been gone for a period of more than one year.
It is important to keep in mind, however, that your Texas divorce lawyer does not have to cite any specific grounds in order for you to move forward with your divorce proceedings.
You Can Cite Insupportability as Grounds for Divorce
In most states, people reference something called irreconcilable differences as the grounds for their divorce. Even when there is no requirement for a determination of fault in a divorce case, many people still like to cite some grounds for divorce.
Insupportability, or irreconcilable differences, simply means that you and your spouse have done everything possible to maintain the relationship. However, despite both of your best efforts, there is no salvaging the marriage and both of you wish to be free to divorce and pursue another relationship.
When it comes to insupportability, your divorce attorney in The Woodlands does not have to prove any specific facts. You will have to meet the separation requirement for any divorce which is one year. If you cannot show that you and your spouse are living apart, the divorce will not go through. This is part of the insupportability claim. If you have not lived apart, how can you prove to the court that living apart is better for the relationship and for your children?
Your Divorce Attorney in The Woodlands Can Cite Adultery as a Basis for Divorce
Adultery is one of the most frequently cited grounds for divorce in Texas and can play a significant role in divorce proceedings. If you can provide proof that your spouse has engaged in infidelity, whether it was a one-time incident or an ongoing affair, Texas courts are likely to consider this in the divorce process. Our Texas divorce lawyers understand that for many clients in The Woodlands, citing adultery isn’t just about fulfilling legal requirements—it’s often a deeply personal decision aimed at acknowledging the hurt caused by a betrayal of trust.
In addition to the emotional impact, citing adultery can also have practical benefits in some cases. While Texas law does not explicitly require proof of adultery to award spousal maintenance (alimony), evidence of a spouse’s wrongdoing—like infidelity—can sometimes influence the court’s decision to grant support. By demonstrating that the other spouse was at fault, clients may strengthen their case when requesting maintenance, especially if the betrayal caused financial or emotional hardship that impacts the non-offending spouse’s future stability.
Beyond spousal maintenance, proving adultery can also influence property division in Texas. Courts may choose to consider fault-based grounds, like adultery, when determining a fair distribution of assets. In cases where one spouse’s infidelity has led to financial mismanagement (such as spending marital funds on an affair), the court may adjust asset division to account for these losses.
For those in The Woodlands seeking a divorce due to adultery, having an experienced Texas divorce attorney can be invaluable. At Bolton Law, we help clients gather the necessary evidence, present their case persuasively, and navigate the legal complexities that come with fault-based divorce grounds in Texas. We’re here to guide you through this difficult process, ensuring that your rights and interests are fully protected every step of the way.
Common Grounds for Divorce in The Woodlands Beyond Adultery and Insupportability
In The Woodlands, couples seeking divorce may choose specific grounds for divorce based on their unique circumstances. Texas allows for “no-fault” divorces, but many residents still cite fault-based reasons to reflect the nature of their marital breakdown. Understanding these common grounds can help you decide which approach is best for your situation.
One frequently cited ground is cruelty, which includes any form of physical or emotional harm inflicted by one spouse on the other. Under Texas family law, cruelty provides valid grounds for divorce, and many clients in The Woodlands opt for this reason if they’ve experienced ongoing mistreatment within their marriage. Texas courts take cruelty claims seriously, as they can impact aspects of the divorce like property division and child custody.
Another recognized ground for divorce is abandonment. Texas law permits a spouse to file for divorce if their partner has left the marital home and has been absent for at least one continuous year with no intention to return. Abandonment is often cited when one spouse has neglected their marital obligations, leaving the other to handle responsibilities alone.
In cases involving a spouse’s conviction of a felony or lengthy incarceration, Texas law also provides for divorce on these grounds. If a spouse is convicted and faces time in prison, the affected partner may seek a divorce to move forward without the strain of these circumstances.
Lastly, mental or physical incapacity can serve as a ground for divorce, especially when one spouse can no longer fulfill marital duties due to a lasting condition. This ground may apply when a spouse suffers from a mental illness or severe health condition, impacting the marriage’s stability and quality of life for both partners.
If you live in The Woodlands and are considering a divorce, consulting a divorce attorney near you can clarify which grounds for divorce in Texas might be most appropriate. At Bolton Law, our team is here to guide you through each step, ensuring your rights and interests are protected under Texas law.
Can You Prove That You and Your Spouse Have Lived Apart for at Least 1 Year?
As stated above, you will need to prove to the court that you and your spouse have been separated for at least one year. Most states have a requirement similar to this. As long as you and your spouse do not hold yourself out to be a couple, you should meet this requirement. Worst case, your divorce attorney in The Woodlands can let the court know that neither party could afford to live in separate households. As long as you can show that you did not share a bed or hold yourself out to be a married couple, you should satisfy this requirement.
There Are a Handful of Other Grounds for Divorce in The Woodlands, Texas Of course, there are other grounds that are worth mentioning here. For example, if you can show that your spouse is residing in a mental institution and will do so for a period of at least three years, the judge will most likely grant your divorce. The same is true if your spouse has been convicted of a felony and has spent at least one year in prison.
Both of these things show the court that your spouse is not going to be there for you at any point in the near future. Rather than make you sit at home and wait for this person to show back up, the course will grant your divorce and let you have your freedom.
Your Texas Divorce Lawyer Will Help You Determine Which Grounds for Divorce Applies in Your Case
Navigating a divorce in The Woodlands, Texas, can be a challenging and emotional process, with significant impacts on your finances, family, and future. If you’re unsure about your next steps, connecting with a trusted Woodlands divorce lawyer near you can make all the difference. Our experienced Woodlands divorce lawyers are here to support residents of The Woodlands and surrounding areas through each stage of the divorce process, from identifying the right grounds for divorce in Texas to safeguarding your rights in and out of the courtroom.
With so much at stake, including issues like property division, child custody, and alimony, getting expert legal guidance is essential. Before making any final decisions, schedule a consultation with a divorce lawyer in The Woodlands who understands Texas family law and the unique needs of our community.
Don’t wait—call 281-351-7897 today to speak with a local Texas divorce attorney and start securing your future in The Woodlands.
