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, conviction of a felony is a ground for divorce. The court may grant a divorce to a spouse, if during the marriage the other spouse has been convicted of a felony. The court may also grant divorce on this ground if the other spouse has been imprisoned for at least one year in the prison of another state.Tex. Fam. Code § 6.004 reads as:
“(a) The court may grant a divorce in favor of one spouse if during the marriage the other spouse:
(1) has been convicted of a felony;
(2) has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and
(3) has not been pardoned.
***”
(1) has been convicted of a felony;
(2) has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and
(3) has not been pardoned.
***”
Therefore, in the instant case, the wife can file a petition for divorce in Texas on the ground of her husband’s conviction of felony 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.
