The grounds for divorce in Texas are set by the Family Code, and there are seven of them: one broad no-fault ground called insupportability, a no-fault option based on three years of living apart, and five fault-based grounds — cruelty, adultery, felony conviction, abandonment, and confinement in a mental hospital. You do not have to prove wrongdoing to end a marriage here. But if the facts support a fault ground, choosing it can change how the court divides property, whether spousal maintenance is awarded, and, in some cases, how custody is decided.
The No-Fault Route Most People Use
Insupportability is the ground behind the vast majority of Texas divorces. It means the marriage has broken down because of conflict between the spouses, with no reasonable expectation of reconciliation.1State of Texas. Texas Family Code 6.001 – Insupportability Neither spouse has to blame the other. One spouse’s testimony that the relationship is beyond repair is usually enough for the court.
The second no-fault option is living apart. If you and your spouse have lived separately without cohabiting for at least three continuous years, either of you can file on that ground.2State of Texas. Texas Family Code 6.006 – Living Apart It’s rarely used, because spouses who have been separated that long typically file under insupportability instead.
The Five Fault Grounds
Fault-based grounds require you to prove your spouse’s misconduct caused the marriage to fail. That takes more effort than a no-fault filing, but the evidence often pays off elsewhere in the case.
Cruelty
A court can grant a divorce if one spouse treated the other so cruelly that continuing to live together became insupportable.3State of Texas. Texas Family Code 6.002 – Cruelty Cruelty covers physical violence and emotional abuse. A single heated argument won’t qualify. A pattern of degrading, threatening, or violent conduct will.
Adultery
If your spouse had a sexual relationship outside the marriage, that is adultery under Texas law.4State of Texas. Texas Family Code 6.003 – Adultery You don’t need a confession. Circumstantial evidence showing opportunity and inclination can be enough. Adultery is one of the fault grounds that most directly influences how property gets divided, which is why some spouses pursue it even when a no-fault filing would be simpler.
Felony Conviction
Three conditions have to line up. Your spouse must have been convicted of a felony during the marriage, imprisoned for at least one year in a state or federal penitentiary, and not pardoned. There is also a built-in limit: the court cannot grant a divorce on this ground if the conviction rested on the other spouse’s testimony alone.5State of Texas. Texas Family Code 6.004 – Conviction of Felony
Abandonment
A court can grant a divorce if your spouse left with the intention of abandoning the marriage and stayed away for at least one continuous year.6State of Texas. Texas Family Code 6.005 – Abandonment Intent is the critical element. A spouse who moved for work and stayed in regular contact hasn’t abandoned the marriage. You need to show your spouse deliberately walked away and chose not to come back.
Confinement in a Mental Hospital
This ground applies when your spouse has been confined in a state or private mental hospital for at least three years at the time of filing, and the disorder is severe enough that recovery is unlikely, or that relapse is probable even if some improvement occurs.7State of Texas. Texas Family Code 6.007 – Confinement in Mental Hospital It is the least commonly used ground, and proving the prognosis usually requires medical testimony.
Why the Ground You Pick Matters
Choosing between no-fault and fault is a practical decision, not a moral one. Fault can move the numbers in three areas.
Property Division
Texas is a community property state, but that does not mean an automatic 50/50 split. The court must divide marital property in a way it considers “just and right,” taking into account the rights of each spouse and any children.8State of Texas. Texas Family Code 7.001 – General Rule of Property Division Fault is one of the factors that shape what “just and right” looks like. A spouse who proves adultery, cruelty, or wasteful spending can realistically end up with more than half of the community estate.
Spousal Maintenance
Texas courts award spousal maintenance only in limited circumstances. The requesting spouse has to show they’ll lack enough property after the divorce to meet their minimum reasonable needs, and they must also meet at least one additional condition: the other spouse was convicted of or received deferred adjudication for family violence; the marriage lasted at least 10 years and the requesting spouse can’t earn enough to get by; the requesting spouse has a disabling physical or mental condition; or the requesting spouse is the primary caretaker of a child who requires substantial supervision because of a disability.9State of Texas. Texas Family Code 8.051 – Eligibility for Maintenance
Once someone qualifies, the court decides the amount and duration. Marital misconduct, including adultery and cruelty, is an explicit factor in that calculation.10State of Texas. Texas Family Code 8.052 – Factors in Determining Maintenance A spouse whose behavior broke up the marriage may receive less support or none at all.
Child Custody
For custody, fault in the breakup generally takes a back seat to the child’s best interests. Fault involving conduct that could endanger a child is treated differently. Texas courts must consider evidence of physical or sexual abuse by a parent when deciding custody. If credible evidence shows a history or pattern of abuse or neglect, the court cannot appoint that parent as a joint managing conservator, and in severe cases involving ongoing family violence, access can be denied entirely or limited to supervised visitation.11State of Texas. Texas Family Code 153.004 – History of Domestic Violence or Sexual Abuse
What It Takes to Prove Fault
For a no-fault insupportability divorce, the proof burden is light. Testimony that the marriage has broken down with no hope of reconciliation is usually sufficient. Courts don’t demand a play-by-play of every argument.
Fault grounds require proof by a preponderance of the evidence, meaning your version is more likely true than not. What you need depends on the ground. Cruelty cases lean on medical records, police reports, photographs, and witness testimony. Adultery cases often rely on text messages, emails, financial records, and receipts, or on someone with direct knowledge. A felony ground is the most straightforward, because official court records establish the conviction and imprisonment. Abandonment requires evidence of when your spouse left, that the departure was intentional, and that they made no effort to return for at least a year. Mental hospital confinement is proven through hospital records and medical testimony about the prognosis.
The evidence tends to serve double duty. The same records that establish cruelty or adultery can support your argument for a larger share of the property or a stronger custody position, which is often what makes a fault filing worth the added burden.
Residency, Waiting Period, and Defenses
Before you can file, at least one spouse must have lived in Texas for the preceding six months, and the person filing must have been a resident of the county of filing for at least 90 days.12State of Texas. Texas Family Code 6.301 – General Residency Rule for Divorce Suit If your spouse lives in Texas but you don’t, you can still file in the county where your spouse resides.
After the petition is filed, the court cannot grant the divorce until at least 60 days have passed. The exception is domestic violence: the court can waive the wait if the responding spouse has been convicted of or received deferred adjudication for family violence against the filing spouse or a household member, or if the filing spouse holds an active protective order based on family violence committed during the marriage.13State of Texas. Texas Family Code 6.702 – Waiting Period
One boundary worth knowing if you’re on the receiving end of a fault filing: Texas has abolished most traditional defenses, including recrimination and the argument that the filing spouse also committed adultery. The one surviving defense is condonation, meaning you forgave the misconduct, and it only works if the court finds a reasonable expectation of reconciliation still exists.14State of Texas. Texas Family Code 6.008 – Defenses Once credible evidence of misconduct is in front of the court, fighting a fault-based divorce is an uphill battle.