Article Summary:
This article explains the seven grounds for divorce in Texas, including the difference between no-fault and fault-based grounds, how insupportability works, and when proving fault like adultery or cruelty might impact your case. It also covers how community property works, how jurisdiction affects a divorce, and what spouses should consider before filing. Readers will learn how the legal grounds for divorce can influence property division, spousal maintenance, custody factors, and the overall strategy for a Texas divorce case.
Key Takeaways:
- Texas recognizes seven grounds for divorce, including three no-fault grounds (insupportability, living apart, and mental hospital confinement) and four fault-based grounds (cruelty, adultery, felony conviction, and abandonment).
- Insupportability is the most common ground and does not require either spouse to prove wrongdoing. It is also referred to as “no-fault” divorce, and other states refer to it as “irreconcilable differences”.
- Fault-based grounds can affect property division, spousal maintenance, and other outcomes if misconduct is clearly proven.
- Texas is a community property state, meaning most assets acquired during the marriage are subject to a “just and right” division.
- Jurisdiction matters—if you file for divorce in Texas, your case will be decided under Texas law, even if assets exist outside the state.
- Proving fault isn’t always worth the cost, but it can shift the division of assets or support awards when evidence is strong.
“That’s grounds for divorce!” is a phrase most Americans are familiar with—whether it’s stated as a serious accusation during conflict or discord or tossed out in jest. Yet, few people really know what “grounds for divorce” means or how it might affect their divorce settlement. Wondering how Texas grounds for divorce might affect your case? Here’s how the seven grounds for divorce in Texas work.
There are seven grounds for divorce in Texas
In Texas, grounds for divorce are the legal justifications you can cite to obtain a divorce. There are both no-fault and fault-based grounds. Let’s take a closer look at the seven reasons for divorce in Texas and see how they may impact your specific case.
Most Texas divorces are based on no-fault grounds, meaning you don’t have to prove anyone did anything wrong to get a divorce. The three Texas no-fault grounds for divorce include:
No. 1: Insupportability.
This ground means the marriage can’t continue because of conflict, discord or personality differences, and there’s no reasonable expectation of reconciliation. It is often referred to as irreconcilable differences in other states. Insupportability is the most common ground people use to base their reasons for divorce in Texas, especially when one or both parties feel the marriage has deteriorated to such a degree that continuing the marital relationship is impossible.
No 2: Living apart.
If you and the other spouse haven’t lived together for at least three years when you file for divorce (and there’s no expectation of reconciliation), that could be considered grounds for divorce in Texas.
No. 3: Confinement to a mental hospital.
If your spouse has been confined to a public or private mental hospital (or other psychiatric facility) for three years or more, and the physician believes the mental disability is unlikely to improve or your spouse is likely to relapse, that could be grounds for divorce.
Filing for divorced based on at-fault grounds mean a spouse is claiming that specific actions or misconduct by the other spouse caused the breakdown of the marriage. The four at-fault grounds for divorce in Texas include:
No. 4: Cruelty.
According to the Texas Family Code, the court may grant a divorce on the grounds of cruelty if one “spouse is guilty of cruel treatment toward the complaining spouse of a nature that renders further living together insupportable.” Cruelty can include acts of family violence, though the statute intentionally leaves the definition open for interpretation because it depends on the unique circumstances described in the divorce petition.
No. 5: Adultery.
If the court finds positive proof of one spouse cheating, the judge can grant a divorce. Evidence of adultery can sometimes be gathered by a private investigator to help establish the claim in court. The person filing the divorce may also use testimony from the other spouse or witnesses to verify the affair, as well as financial records like credit card statements.
No. 6: Felony criminal conviction.
If your spouse has a felony conviction and has served at least one year in a state or federal penitentiary—and they haven’t been pardoned—the judge may grant a divorce based on conviction-of-a-felony grounds. Information from the criminal justice system, such as court records or prison documentation, can be used to verify the conviction. During discovery, counsel may seek records from a state prison or a federal penitentiary to corroborate incarceration and sentence information.
This ground does not apply if the spouse only received deferred adjudication, because deferred adjudication is not considered a felony conviction under Texas law. In some cases, a default judgment may be entered if the convicted spouse does not appear in court due to incarceration, allowing the divorce process to continue without their participation.
No. 7: Abandonment.
If the court finds your spouse left you, intending not to return, and you have lived apart for the waiting period of a year or more, you may be granted a divorce on grounds of abandonment.
Wondering how to file for divorce in Texas? Read about the five essential steps here.
Considerations before petitioning the court for a divorce decree
Based on the specific grounds for divorce, Texas courts will make individual determinations about your case, such as how marital property will be divided. Here are three important aspects to consider before you petition the court for a divorce in Texas.
In Texas, you don’t need to prove fault when it comes to divorce
The state of Texas doesn’t believe you should be punished just because you want to get divorced—whether that’s via attorney’s fees or the division of your marital estate. That’s the definition of a no-fault divorce in its purest form.
It also means that if one party wants the divorce and the other doesn’t, the party that doesn’t want the divorce won’t automatically get the lion’s share of the community estate, or any unequal division for that matter. Fault comes in when the judge is trying to figure out whether there is an unequal division and may also affect other matters like spousal maintenance. In some cases, the judge may issue temporary orders to stabilize financial or parental issues while the case is pending.
Fault grounds may affect your divorce settlement in Texas
However, it may not make sense to waste time and money trying to prove fault grounds, especially if there are minimal or no assets at stake. If you’re not going to get anything out of proving fault, don’t obsess over it. At the Sisemore Law Firm, that’s something we closely assess from a risk standpoint when we analyze a client’s case.
Of course, there are situations where fault can play a role in one party being awarded a larger portion of the community estate during property division.
For example, say a wife is the breadwinner, and she has an affair. If her spouse files based on adultery grounds and the affair can be verified, such as through an investigator’s, witness’s or her spouse’s testimony, the judge may determine there should be an unequal division because of earning capacity and the affair. In a situation like that, the judge may allow the division of the estate to swing four or five percent in the aggrieved spouse’s favor.
At our Fort Worth law firm, we also see many cases where a client’s spouse commits adultery and also spends money from the community estate on a lover. In those cases, we’ll file a wasting claim to go after that money for our client. That also cracks the door open to look at the different facets of the earning capacity and the faults of the break-up of a marriage. At that point, the needle may start to sway one way or the other, as far as the division of property is concerned.
If you file for divorce in Texas, the state has jurisdiction over your case
What this means is that your case will be decided based on Texas divorce laws, not the laws of a different state. When filing in Texas, you won’t have to prove marital fault but your community property will be subject to a just and right division should you decide to divorce.
Unlike some states, Texas is a community property state, and any property you and your spouse accumulate from the date of marriage until the date of divorce will be subject to division. This includes assets you’ve accumulated outside of the state of Texas. Again, fault grounds may have an impact on the portion of the estate you receive. Your family law attorney can provide further clarification on fault grounds and how they apply to your specific case.
Grounds for divorce in Texas FAQs
What does insupportability mean in a Texas divorce?
“Insupportability” means the marriage can’t continue because of conflict of personalities, discord, or breakdown in the relationship, with no reasonable hope of reconciliation. It’s what some other states refer to as irreconcilable differences.
Micro-summary: Insupportability is Texas’s version of irreconcilable differences.
What are the legal grounds for divorce in Texas?
Texas law recognizes seven grounds for divorce, including three no-fault options (insupportability, living apart for at least three years, confinement to a mental hospital) and four fault-based grounds (cruelty, adultery, felony conviction, abandonment).
Micro-summary: Texas offers both no-fault and fault-based options for ending a marriage.
Do I have to prove fault to get divorced in Texas?
No. Most Texas divorces are granted based on insupportability (irreconcilable differences), which doesn’t require you to prove misconduct occurred. However, fault grounds like adultery or cruelty may affect other aspects of your case, like property division, spousal maintenance and even custody, so you would need to prove fault in those situations.
Micro-summary: You don’t need evidence of wrongdoing to get a divorce in Texas.
Which is better in Texas—insupportability or fault-based grounds?
It depends on your goals.
- Insupportability is generally faster, simpler, and may be preferred if you want to keep private matters private.
- Fault-based grounds can influence asset division and spousal maintenance if you can clearly prove misconduct. But it doesn’t always guarantee a result of a disproportionate share of the estate, leaving some to wonder if the litigation costs associated with proving fault was worth it.
Most spouses file for divorce based on insupportability unless a fault claim materially strengthens their case. An experienced divorce lawyer can help you weigh your options.
Micro-summary: Insupportability is generally easier, but fault claims can affect financial outcomes.
Contact our family lawyers to get clarity about your divorce case
If you have questions about grounds for divorce in Texas, the experienced divorce attorneys at the Sisemore Law Firm are here to help. Our team of lawyers has the necessary experience to handle even the most difficult Texas divorce cases. To schedule a confidential case review with an attorney at our firm, contact our Fort Worth office today.
To speak with an experienced Fort Worth divorce attorney call (817) 336-4444 or contact us online to schedule.
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