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What are the grounds for a divorce in your favor?

In an ideal world, you and your spouse in Texas have a mutually understood reason for seeking a divorce with even terms. Unfortunately, it is often the case that one spouse in a marriage attempts to pursue a divorce without the full agreement of the other. 

If your spouse has done something unacceptable, you may be able to file for a divorce in your favor. To get this ruling, there are certain conditions the court needs to be aware of. 

Situations where the court may grant a divorce in your favor

According to Texas Family Code, you may be able to seek a divorce in your favor on the following grounds: 

  • Your spouse has been confined in a mental hospital. 
  • You and your spouse have lived apart from each other for at least three years. 
  • Your spouse abandoned you for at least one year. 
  • Your spouse has been imprisoned without pardon for at least a year after committing a felony. 
  • Your spouse cheated on you (the court refers to this as adultery). 
  • Your spouse has treated you with cruelty during the course of your marriage. 

If you petition for a divorce under these circumstances, the court will look at the details of the situation and determine whether it is appropriate to rule the divorce in your favor. 

Insupportable marriage

Sometimes you and your spouse cannot remain married due to an irreconcilable personality conflict. If this happens with your marriage, the court may still grant your divorce, but it will not be in either spouse’s favor. To obtain a divorce in these circumstances, the court must find that your conflict has destroyed the legitimate ends of a typical marriage. 

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