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Texas divorce laws offer clear pathways for ending a marriage, whether spouses part on civil terms or one partner’s actions led to the split. Some individuals file on no-fault grounds, while others cite specific misconduct such as adultery, cruelty, or abandonment. Understanding the legal reasons for divorce in Texas is crucial for navigating the process effectively. Each reason can impact the timeline, court strategy, division of property, and even custody outcomes. In this blog, we break down the recognized reasons for divorce and explain how choosing the right grounds can shape your case from start to finish.
No-Fault Divorce in Texas
Texas allows couples to file for divorce without blaming either party. This is known as a no-fault divorce.
Insupportability
This is the most common reason for divorce in Texas. It means the marriage can no longer continue due to conflict or disagreement that cannot be resolved. The court does not require either spouse to prove fault. If both agree the relationship is broken and there is no chance of fixing it, they can move forward with this ground.
Insupportability keeps personal details private and allows both sides to avoid accusations. It often leads to a faster and less hostile process.
Fault-Based Divorce in Texas
Some people choose to file based on fault when they believe the other spouse caused the marriage to fail. These grounds can impact decisions about alimony, child custody, or asset division.
Adultery
Adultery remains one of the most emotionally charged reasons for divorce. It involves one spouse having a sexual relationship outside the marriage. The person accusing the other of adultery must provide clear evidence. This can include messages, photos, receipts, or witness statements.
Courts may award a larger share of property to the faithful spouse if adultery led to the breakup.
Cruelty
Cruelty refers to behavior that makes living together unbearable. It can be physical abuse, emotional mistreatment, or ongoing verbal attacks. The court will look for repeated or extreme behavior, not just a single argument.
This ground carries serious consequences. The court may consider it when awarding custody, property, and spousal support.
Abandonment
To file for divorce on the grounds of abandonment, one spouse must have left the other for at least one year without intention to return. The court requires proof that the absence was not due to work or other agreed arrangements.
If the abandoned spouse handled all responsibilities alone during that time, the court may adjust property and support terms in their favor.
Felony Conviction
A person can file for divorce if their spouse is convicted of a felony and has been imprisoned for at least one year. The conviction must occur during the marriage, and the spouse must not have received a pardon.
If the imprisonment affects financial or parental responsibilities, the court may use this ground to guide its decisions.
Living Apart
In Texas, couples can divorce if they have lived apart without cohabitation for at least three years. There is no need to prove fault, only that they have remained separated and not resumed their relationship.
This reason often applies to couples who separate but delay filing due to personal or financial reasons.
Confinement in a Mental Hospital
If one spouse has been confined in a mental hospital for at least three years, and their condition appears permanent or likely to relapse, the other spouse may file for divorce on this ground. Medical records and professional evaluations support this claim.
This ground addresses unique challenges that make a continued relationship impractical or harmful to one or both spouses.
Choosing Between Fault and No-Fault Divorce
Some people choose a no-fault divorce to avoid conflict or public accusations. Others use fault grounds to hold the other spouse accountable or to seek a better outcome in court.
Both options come with legal and emotional consequences. No-fault divorce usually moves faster and costs less. Fault-based divorce often requires court hearings, evidence gathering, and witness statements. It can also lead to increased legal fees and emotional stress.
The best choice depends on the specific circumstances of the couple and the goals of the person filing.
How Grounds for Divorce Affect Court Decisions
The reason for divorce can influence the court’s decision in several ways:
Property Division
Texas is a community property state. This means the court divides assets and debts acquired during the marriage fairly, not always equally. If one spouse can prove adultery or cruelty, the court may give them a larger share.
Spousal Support
The court may award spousal support to a lower-earning spouse. Fault grounds like cruelty or abandonment can make a difference in how long support lasts or how much is awarded.
Child Custody
The court always focuses on the best interests of the child. If one parent shows a pattern of cruelty, substance abuse, or abandonment, the court may limit their custody or visitation rights.
Filing Requirements in Texas
To file for divorce in Texas, at least one spouse must live in the state for six months and in the county for 90 days. The person filing must choose a legal ground and list it in the petition.
If filing on fault grounds, the petitioner must gather evidence before filing or early in the case. The court may ask for written statements, testimony, or documents to support the claim.
Can Grounds Be Changed During the Case?
Yes. A person can amend the divorce petition to change the grounds as new information comes up. For example, someone who files for insupportability may later discover evidence of adultery and choose to update the petition.
This can happen before the final hearing, but courts prefer accurate information early in the process.
Should You Hire a Lawyer?
Texas law does not require a lawyer to file for divorce, but legal help often makes a difference, especially in fault-based cases. An attorney can explain how each ground affects your case, help gather evidence, and represent you in court.
Even in no-fault divorces, a lawyer helps with property division, custody agreements, and paperwork.
Conclusion
Choosing the right reasons for divorce in Texas can significantly influence how your case unfolds—from the division of assets to decisions about child custody and support. Whether you pursue a no-fault or fault-based divorce, understanding the legal grounds available helps you make informed decisions and better prepare for court proceedings. With the right guidance and a clear grasp of your options, you can approach the process with greater confidence and protect your interests every step of the way.
Promote Your Practice
Our firm handles divorce cases across Texas with care, focus, and legal clarity. We help clients understand their options and move forward with confidence. Whether you file for no-fault or fault-based divorce, we support your goals and protect your interests.
Speak with our team today to learn how we can help you prepare and file your divorce petition. Our offices offer private consultations and flexible appointment times.
FAQs
Can I file for divorce in Texas without blaming my spouse?
Yes. You can file for divorce under the ground of insupportability without proving fault.
Will adultery affect my divorce settlement?
It might. If the court finds adultery caused the divorce, the judge may award you a larger share of the property.
What if my spouse refuses to respond to the divorce papers?
If your spouse does not respond, the court may grant a default judgment. You can still move forward without their agreement.
Is cruelty limited to physical abuse?
No. It can include verbal, emotional, or psychological abuse if it makes living together intolerable.
Can I switch to a fault-based ground after filing for no-fault?
Yes. You can amend your petition to include a fault-based ground if you find evidence that supports it.
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Texas Divorce FAQs
In Texas, the grounds for divorce can be categorized as either fault or no-fault. No-fault grounds include insupportability due to discord or conflict of personalities that prevents any reasonable expectation of reconciliation. Fault grounds include cruelty, adultery, abandonment, felony conviction and imprisonment, living apart for at least three years, and confinement in a mental hospital.
Texas allows for both fault and no-fault divorces. For a no-fault divorce, you do not need to provide any specific reason beyond stating that the marriage has become insupportable due to conflict or discord without any reasonable expectation of reconciliation.
No, Texas does not require a couple to be legally separated before filing for divorce. However, living apart for at least three years is a recognized ground for a fault-based divorce.
The 10-year rule in Texas pertains to spousal maintenance eligibility. It states that one spouse may be eligible for spousal support if the marriage lasted 10 years or longer, and the spouse seeking support lacks enough property to provide for their basic needs or is unable to support themselves due to a physical or mental disability.
The cost of a divorce in Texas can vary widely depending on whether it is contested or uncontested. Fees can range from as little as a few hundred dollars for an uncontested divorce to tens of thousands of dollars for a contested case, including attorney fees, court costs, and other expenses.
