What are the grounds for divorce in Texas?

Julie Gray

Texas managing attorney at Marble Law

Published October 8, 2024 · 3 min read

Key Takeaways

Texas offers both fault and no-fault grounds for divorce.
Fault is not required to get a divorce, but it may influence the final outcome (property division, spousal support).
Common fault grounds include cruelty, adultery, felony conviction, and abandonment.
Common no-fault grounds include insupportability, living apart, and confinement to a mental hospital.
Consulting with a family law attorney is recommended for navigating the complexities of divorce.

Grounds for divorce according to the TX family court system

The Texas Family Code outlines two main categories for obtaining a divorce in the state: fault-based and no-fault. While fault is not a mandatory factor in securing a divorce, it can potentially influence the final outcome of your case. This guide will explore the different grounds for divorce in Texas and how they might impact the overall process.

Texas recognizes four primary grounds for divorce based on fault:

Cruelty: This ground allows for a divorce if one spouse exhibits cruel treatment towards the other, making it unreasonable to expect a couple to continue living together. The interpretation of "cruelty" can vary depending on the specific circumstances of the marriage.
Adultery: If the court finds that a spouse has committed adultery, it can be grounds for divorce. Evidence such as phone records, witness testimony, or admissions of infidelity may be used to establish adultery.
Felony Conviction: A spouse's conviction for a felony offense, particularly one involving violence or threat of violence, can constitute grounds for divorce in Texas.
Abandonment: When one spouse deserts the other with the intent to end the marriage, it may be considered abandonment and qualify as grounds for divorce. The abandoning spouse's absence must typically be for at least one year.

It's important to note that proving fault grounds can be a complex and time-consuming process. Gathering evidence, presenting it in court, and potentially facing legal challenges from the other party can significantly extend the overall divorce timeline and increase associated costs.

Texas also recognizes three primary grounds for divorce based on no-fault:

Insupportability: This is the most common ground for divorce in Texas. It allows either spouse to file for divorce without assigning blame, simply stating that the marriage has become insupportable due to discord or conflict that destroys the marital relationship and prevents any reasonable expectation of reconciliation.
Living Apart: If spouses have lived separately and apart for at least three consecutive years without cohabitation, either spouse can file for divorce on these grounds.
Confinement to a Mental Hospital: If one spouse has been confined to a mental hospital for at least three years with little to no chance of recovery, the other spouse may be eligible for a divorce under this ground.

Get the right lawyer for your divorce

Schedule a free 15-min call with our team today

Choosing a no-fault ground for divorce can potentially simplify the process and expedite the timeline. However, it's important to consult with an attorney to understand the potential implications of each option and determine the most suitable approach for your specific situation.

While fault is not a requirement for obtaining a divorce in Texas, it can potentially influence the final outcome of your case, particularly in areas like:

A tense couple outside, man gestures as woman covers her face.

Property Division: In some cases, evidence of fault may be used to justify an unequal division of marital property. For example, if a spouse's excessive spending or gambling contributed to financial hardship, the court might award a larger share of assets to the non-faulting spouse.
Spousal Support: The court may consider fault when determining spousal support (alimony) awards. If one spouse's misconduct significantly impacted the other's financial situation, it could influence the amount and duration of spousal support awarded.