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.
Official text of the Texas Family Code as published by the Texas Legislative Council.