Is constructive desertion a grounds for divorce?
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Is constructive desertion a grounds for divorce?
Asked on September 22, 2015 under Family Law, Texas
Answers:
G.J., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Texas is a no fault divorce state, therefore you do not need to assert a grounds for divorce. Statutory grounds for a fault divorce in Texas, for equitable division purposes, include adultery, cruel treatment, abandonment, incarceration long-term, confinement to a mental hospital for more than 3 years or living apart for more than 3 years. There is are grounds for constructive desertion per say. Cruel treatment would be the closest thing to it. You must be able to show that such treatment makes continuing to live together impossible.
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