What are the grounds for a common law divorce?

In Texas, there are generally two grounds for a common law divorce: one spouse commits adultery, or they have been living apart for at least three years. If one spouse commits adultery, they must prove the other spouse had an affair or was unfaithful in some other way. This proof must be documented evidence. The spouse must also prove that the other spouse’s actions led to the breakup of the marriage. If one spouse has been living apart from the other for at least three years, it is considered a "constructive desertion," and is grounds for a common law divorce. This means a spouse has left the marriage emotionally and/or physically, and the other spouse is not at fault. To prove this type of desertion, one must show that they have been living apart and in different residences for at least three years. Additionally, a common law divorce in Texas can be granted if both spouses agree that they no longer wish to be married. This is known as a no-fault divorce. In these cases, neither spouse needs to prove anything to the court; the court will simply accept the fact that the marriage is over. It’s important to note that Texas is a no-fault divorce state, meaning a spouse does not need to prove inappropriate behavior or fault in the breakup of the marriage in order to obtain a common law divorce. A common law divorce in Texas can be granted regardless of either spouse’s behavior.

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What are the grounds for a common law divorce?

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