I live in Bullard TX and my marriage has come to the point where it is no longer bearable. What are the grounds for divorce?

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I live in Bullard TX and my marriage has come to the point where it is no longer bearable. What are the grounds for divorce?

Do I have to have grounds? Do I have to file in TX? If I don’t file but do leave taking the children does this constuit desertion?

Asked on June 15, 2009 under Family Law, Ohio


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

A divorce may be granted under Texas divorce law using either "Fault" or "No-Fault" grounds.

Fault grounds include:
(1) adultery;
(2) abandonment;
(3) confinement for incurable insanity for three years;
(4) conviction of a felony and imprisonment for over 1 year;
(5) cruel and inhuman treatment.

No-Fault grounds include:
(1) The marriage has become unsupportable because of discord or conflict that has destroyed the legitimate ends of marriage;
(2) living separate and apart without cohabitation for three years.

Of these, the "No-Fault" grounds are the most straightforward and easiest to prove under Texas divorce law.

As for where to file, most states have their own residency requirements for people who wish to file for divorce in the state's court system -- rules as to the length of time a spouse must reside in a state before filing for divorce there.  And it's not only your state's residency requirements, but also local county or district residency requirements.  Check with the local county/district branch of your state's court to learn more about residency requirements for filing for divorce.

As for just packing up and moving, you really should consult with an attorney about this.  Depending on specific state laws and other circumstances this may or may not be a good strategy for you.

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