What Constitutes a Divorce in the State of Texas?

People often wonder how they can dissolve their marriage and go about getting a legal divorce in the state of Texas. Some commonly asked questions regarding divorce in Texas include the following:

What kinds of situations are grounds for legal divorce in Texas?

Either member of a marriage covenant can initiate a divorce in Texas. The court has a legal right to grant a divorce without taking any fault into account as long as the marriage has become insupportable as the result of a conflict of personalities or any other type of discord that causes the marital relationship to end. Such discord also must prevent any reasonable expectation that the two involved parties will be able to reconcile the marriage.

Some of the reasons for divorce include:

  • Cruelty that renders living together insupportable
  • Adultery
  • A felony conviction on the part of either spouse
  • Abandonment with the abandoner’s express intent or if the abandoner has been away for at least one year
  • Living apart for at least three years
  • If one of the spouses has been confined to a mental hospital for at least three years

What does the court consider “cruelty”?

Cruelty does not have a concrete definition as it pertains to the grounds for a divorce in the state of Texas. Cruelty is considered on a case-by-case basis and can be either physical, emotional, sexual, or psychological in nature or any combination thereof. The court will typically rule in favor of the spouse upon whom cruelty has been perpetrated if the perpetrating spouse is inflicting cruelty to such a degree that it renders the continuation of the two persons living together insupportable.

What are the requirements for remarriage after a divorce?

Remarrying other parties is obviously very common after a couple has divorced. In the state of Texas, individuals wishing to remarry after they have filed for divorce must wait until the 31st day after the divorce has been decreed. However, if the couple reconciles and wishes to remarry each other, they may do so at any time after the divorce has been decreed.

If you or someone you know would like legal counsel regarding marriage in Texas, please contact the divorce attorney at Lyttle Law Firm in Austin, Texas by visiting our website or calling our offices at 512-215-5225.

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