Do I have grounds for divorce if a mother-in-law has emotionally abused me for 20 + years with no stepping in on my husband’s part?

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Do I have grounds for divorce if a mother-in-law has emotionally abused me for 20 + years with no stepping in on my husband’s part?

Mother-in-law started this when I had my twins 19 years ago. At 4 months, she accused me on turning the kids against her. It has been h’ll ever since. As the children grew up she was telling them that I was evil. If I even looked at my kids, my mother-in-law would say, “I see you smiling at them. What are you telling them?” Husband has never stopped this behavior. One time he believed his mom over me. I still haven’t gotten over that. Now my kids are 18. I want out.

Asked on November 2, 2011 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In order to get a divorce, some states require a spouse to allege and prove a basis for the marriage ending.  This is not the case in Texas.  Texas is a "No-Fault" divorce state.  This means that you do not have to list or prove a reason for the marriage ending.  Most petitions for divorce will include a statement that reads and generically alleges that the "marriage has become insupportable because of discord or conflict."  You can file for a divorce without listing a reason.  Before you do file, however, you may still want to visit with a family law attorney to make sure that this is the best option for your situation and that you understand all of the consequences of a divorce.  Since you have been together for 20+ years, you should also discuss the effect of the divorce on any retirement accounts or property that you own. 


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