The Common Law

The sad but realistic truth is that couples continue to get divorced at a high rate. People considering divorce frequently ask what reasons serve as legitimate legal grounds to seek a divorce.

Texas law expressly recognizes several grounds for divorce. Here they are:

Insupportability – this is the catchall ground for divorce that is commonly included in most divorce petitions. A judge may grant a divorce on insupportability grounds without regard to fault if the marriage "has become insupportable due to discord or conflict of personalities that destroys the legitimate ends of the martial relationship and prevents any reasonable expectation of reconciliation."

Cruelty – a divorce can be granted if one spouse is guilty of "cruel treatment toward the complaining spouse of a nature that renders further living together insupportable." Cruelty includes physical and mental cruelty.

Adultery – divorce can be granted in favor of one spouse if the other spouse committed adultery, defined in Texas as voluntary sexual intercourse of a married person with someone other than their spouse. An allegation of adultery must be proved by clear and positive evidence; mere suggestion and innuendo is not enough.

Conviction of felony – one spouse can seek a divorce if the other spouse has been convicted of a felony, has been imprisoned in a state or federal penitentiary for at least a year, and has not been pardoned.

Abandonment – a judge can also grant a divorce for one spouse if the other spouse left the marriage with the intention of abandonment and remained away for at least one year.

Living Apart – Texas law allows for a divorce if the spouses have lived apart without cohabitation for at least three years.

Confinement in a Mental Hospital – if one spouse is confined in a state hospital and it's unlikely that the hospitalized spouse's mental disorder will improve or that, if it improves, a relapse is probable.

Read the Texas Family Code, Chapter 6 (www.capitol.state.tx.us/statutes/fa.toc.htm) for more information on valid grounds for divorce in Texas, and be sure to read next week's column to learn about grounds for annulment in Texas.