Grounds for Divorce in Texas – Part 7: Nurse Ratched Will See You Now

Much like our earlier post on how Cruelty is grounds for divorce in Texas, this week’s post is somewhat unpleasant. Mental Illness is not a laughing matter, please excuse the attempt at humor with the headline. If you or someone you love is in crises please seek help immediately. You should contact the Mental Health Crisis Center for your county. If you or someone you love need help preventing self-harm, please call 988 immediately.

Per Texas statute, Confinement in a mental hospital is grounds for divorce. Section 6.007 states, “The court may grant a divorce in favor of one spouse if at the time the suit is filed:

(1)  the other spouse has been confined in a state mental hospital or private mental hospital, as defined in Section 571.003, Health and Safety Code, in this state or another state for at least three years;  and

(2)  it appears that the hospitalized spouse’s mental disorder is of such a degree and nature that adjustment is unlikely or that, if adjustment occurs, a relapse is probable.”

Like many other grounds, there is a time period that must expire before using this reason as grounds for filing the divorce.  Here that period is 3 years. There is an additional condition in that the prognosis is that an adjustment is unlikely or temporary.

The reference to section 571.003 defines what is meant by “mental hospital.” The meaning here is that the spouse must be confined in a facility that provides inpatient care and treatment for mental illness. The hospital can be operated either by the government or by a private entity.

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