Texas Divorce Laws

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• Section 6.001. INSUPPORTABILITY. On the petition of either party to a marriage, the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
• Section 6.002. 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.
• Section 6.003. ADULTERY. The court may grant a divorce in favor of one spouse if the other spouse has committed adultery.
• Section 6.004. CONVICTION OF FELONY. (a) The court may grant a divorce in favor of one spouse 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.
• Section 6.005. ABANDONMENT. The court may grant a divorce in favor of one spouse if the other spouse:
       (1) left the complaining spouse with the intention of abandonment; and
       (2) remained away for at least one year.
• Section 6.006. LIVING APART. The court may grant a divorce in favor of either spouse if the spouses have lived apart without cohabitation for at least three years.
• Section 6.106. IMPOTENCY. The court may grant an annulment of a marriage to a party to the marriage if:
      (1) either party, for physical or mental reasons, was permanently impotent at the time of the marriage;
       (2) the petitioner did not know of the impotency at the time of the marriage; and
       (3) the petitioner has not voluntarily cohabited with the other party since learning of the impotency.
• Section 6.301. GENERAL RESIDENCY RULE FOR DIVORCE SUIT. A suit for divorce may not be maintained in this state unless at the time the suit is filed either the petitioner or the respondent has been:
      (1) a domiciliary of this state for the preceding six-month period; and
      (2) a resident of the county in which the suit is filed for the preceding 90-day period.
• Section 6.302. SUIT FOR DIVORCE BY NONRESIDENT SPOUSE. If one spouse has been a domiciliary of this state for at least the last six months, a spouse domiciled in another state or nation may file a suit for divorce in the county in which the domiciliary spouse resides at the time the petition is filed.
  
  Last Updated: 5-14-08