Paul Simon sang about “50 Ways to Leave Your Lover.” If the lover is your spouse, Texas law only allows seven ways.
Texas considers 6 reasons to file for a fault-based divorce
If your spouse has done something wrong, you could file blaming them for the break up of your marriage. Here are the six reasons you can file for a fault-based divorce:
- Abandonment: If your spouse moved out and left you with no intention of returning a year or more ago.
- Living apart: If you have not lived together for at least three years.
- Confinement in a mental hospital: Your spouse must have been confined for at least three years with release unlikely.
- Conviction of a felony: You could claim this if your spouse has been in prison for over a year.
- Adultery: This means voluntary intercourse. Kissing, cuddling, or anything else does not count.
- Cruelty: You would need to prove that your spouse has acted with cruelty toward you so you cannot live with them.
If you prove your spouse’s fault, the court may award you a greater share of assets in the divorce settlement.
Most couples opt for a no-fault divorce
The seventh way to file for divorce in Texas does not need you to prove your spouse was at fault. You file saying that the marriage is broken and there is no chance of mending it.
A no-fault divorce has many advantages. It is quicker, and so it costs you less. It avoids you needing to bring up painful past events or argue about who is telling the truth. It accepts that not all marriages work out and allows you both to move on.