Legal Question in Family Law in Texas

Re: divorcing a spouse to be committed

There is no limitation in Texas as to filing for divorce against a spouse whom you have had committed. If the person is judged to be incapable of managing his or her own affairs due to mental illness, however, there may be a guardian appointed and the court will look at that carefully to protect the rights of the spouse. Also, if an argument is raised that the committment was for the purpose of "setting up" the divorce suit, you would need to be prepared to prove the grounds for committment over again and in a forum that might look at it differently.

Likewise, there is no time limitation, but there might be a practical one such as not wanting to look as if you are taking advantage of the situation. Consult this issue carefully with your attorney.