Grounds for Divorce and Related Claims

At Mathur Law Offices, P.C., we guide clients through the legal and strategic aspects of divorce in Texas. Below is a summary of divorce grounds recognized by Texas law, as well as civil (tort) and property-based claims that may be relevant in your case.

I. Grounds for Divorce in Texas

• Insupportability (No-Fault): The marriage has become insupportable due to conflict or discord, with no reasonable expectation of reconciliation.
• Cruelty: One spouse treated the other in a cruel manner, either emotionally, verbally, or physically, making continued cohabitation insupportable.
• Adultery: Voluntary sexual conduct by a spouse with another person outside the marriage can impact both divorce and property division.
• Abandonment: One spouse intentionally leaves the other for at least one year without the intent to return.
• Living Apart: The spouses have lived apart for three or more years without reconciliation.
• Confinement in a Mental Hospital: A spouse has been confined for three or more years and recovery is unlikely or relapse is probable.
• Conviction of a Felony: A spouse is convicted and imprisoned for a year or more, without being pardoned, unless the other spouse testified against them.

II. Tort Claims in Divorce Proceedings

• Intentional Infliction of Emotional Distress: Extreme or outrageous behavior by a spouse that intentionally or recklessly causes severe emotional distress.
• Assault and Battery: Physical abuse or credible threats of violence may justify protective orders and civil compensation.
• Invasion of Privacy: Unauthorized access to communications or unlawful surveillance.
• Defamation: False statements that harm one spouse’s reputation, career, or immigration status.
• Negligence: Reckless conduct causing harm to the other spouse or children.

III. Property-Related Claims

• Fraud on the Community: When a spouse misuses community property or diverts marital assets for non-marital purposes, the injured spouse may seek reimbursement.
• Reimbursement: A claim to recover value for separate property or funds used to benefit the community estate, the other spouse’s separate estate, or debts not related to the marriage.
• Waste: One spouse intentionally depleting or misusing marital assets in a way that is unjust to the other spouse, such as excessive spending, gambling, or transfers to a third party.
• Fraudulent Transfer: When a spouse attempts to hide or transfer assets in anticipation of divorce to prevent equitable division, these transactions can be challenged and reversed.
• Conversion or Theft: Wrongful taking or withholding of one spouse’s separate property by the other spouse.

If you believe any of these grounds or claims apply to your situation, we are here to help. Contact Mathur Law Offices, P.C. to schedule a confidential consultation and take the next step toward protecting your rights and your future.