Navigating the complexities of a divorce can be challenging, but understanding the grounds on which one can be granted in Texas can bring clarity to the process. Here, we offer a comprehensive breakdown of the specifics within SUBCHAPTER A: GROUNDS FOR DIVORCE AND DEFENSES.

1. INSUPPORTABILITY
This ground is one of the most commonly cited reasons for divorce. Insupportability refers to those situations where the marriage has become untenable due to conflicts, disagreements, or discord. There’s no need to place blame on either party; the main criterion is that these differences have made the marital relationship unsustainable, with no reasonable expectation of reconciliation.

2. CRUELTY
Cruelty as a ground for divorce addresses scenarios where one spouse has been subjected to cruel treatment by the other, to the extent that cohabitation becomes unbearable. Cruelty can encompass various behaviors, both physical and emotional.

3. ADULTERY
Adultery, an extramarital affair by one spouse, provides a clear and direct ground for divorce in Texas.

4. CONVICTION OF FELONY
If a spouse has been convicted of a felony, imprisoned for more than a year, and hasn’t been pardoned, the other party can file for divorce. It’s important to note that if the conviction was based on the testimony of the other spouse, this ground is not valid.

5. ABANDONMENT
A spouse can seek divorce on the grounds of abandonment if the other spouse leaves with the intent of abandonment and remains absent for at least a year.

6. LIVING APART
Extended separations can also be a basis for divorce. If spouses have lived apart without cohabiting for at least three years, either party can file for divorce on these grounds.

7. CONFINEMENT IN MENTAL HOSPITAL
This ground for divorce applies when a spouse has been in a mental institution for over three years, and the mental disorder is such that recovery seems unlikely or relapse is probable.

8. DEFENSES
Defenses in divorce suits are critical to understand. While some defenses, like recrimination and adultery, have been abolished in Texas, condonation remains valid. Condonation refers to the act of forgiving one’s spouse for a marital wrong, typically infidelity, and choosing to continue the marital relationship despite the wrongdoing. However, this defense is only applicable if there’s a reasonable expectation of reconciliation between the parties.

Conclusion
The journey through a divorce is undeniably challenging, but being well-informed about the grounds can make the process more manageable. Remember, knowledge is empowering, and having the right representation ensures that you’re adequately supported.

If you or someone you know is contemplating divorce and needs expert guidance, schedule an appointment with The Blacknall Firm today. We’re here to help.