Can I divorce my husband due to his felony conviction in Ohio?

Full question:

I live in Texas. Four years back, my husband murdered a person at Ohio and was convicted. He is now undergoing the sentence in Ohio jail. Can I file a petition for divorce on the ground of conviction of felony?

  • Category: Divorce
  • Subcategory: Grounds
  • Date:
  • State: Texas

Answer:

In Texas, a felony conviction is a valid ground for divorce. Specifically, a spouse can file for divorce if the other spouse has been convicted of a felony during the marriage. Additionally, if the spouse has been imprisoned for at least one year in a state prison, federal penitentiary, or the penitentiary of another state, this also qualifies as grounds for divorce, provided they have not been pardoned. According to Texas Family Code § 6.004, you can file for divorce based on your husband’s felony conviction in Ohio.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Yes, you can divorce your spouse while they are in jail. In Texas, being incarcerated does not prevent you from filing for divorce. You can proceed with the divorce process regardless of your spouse's imprisonment status, as long as you follow the necessary legal procedures.