Grounds for Divorce
Each state has specific rules for Divorce. Some of the Texas rules are below.
GROUNDS FOR FILING: The Petition of Divorce must declare the appropriate Texas grounds upon which the divorce is being sought. The appropriate lawful ground will be that which the parties agree upon and can substantiate, or that which the filing spouse desires to prove to the court. The divorce grounds are as follows.
NO FAULT: on the petition of either party to a marriage, the court may grant a divorce without regard to the fault if the marriage has beocme insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
CRUELTY: the court may grant a divorce in favor of one spouse if the other spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.
ADULTERY: the court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
CONVICTION OF FELONY: the court may grant a divorce in favor of one sp[ouse if during the marriage the other spouse: (1) has been convicted of a felony; (2) has been imprisoned for at least one year in the State Penitentiary, a Federal Penitentiary, or the penitentiary of another state; and (3) has not been pardoned. (b) the court may not grant a divorce under this section against a spouse who was convicted on the testimony of the other spouse.
ABANDONMENT: the court may grant a divorce in favor of one spouse if the other spouse: (1) left the complainingt spouse with the intention of abandonment; and (2) remained away for at least one year.
LIVING APART: the court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least 3 years.
CONFINEMENT IN A MENTAL HOSPITAL: the court may grant a divorce in favor of one spouse if at the time the suit is filed: (1) The other spouse has been confined in a state mental hospital or private mental hospital as devined in Section 571.003, Health and Safety Code, in this state or another state for at least three years; and (2) it appears that the hospitalized spouse's mental disorder is of such a degree and nature that adjustment is unlikely or that if adjustment occurs, a relapse is probable (Texas Code - Family Code - Code - Chapters: 6.001-6.007)