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Wanting a divorce is one thing—but the next critical step is understanding whether you meet the legal grounds for divorce in Texas. Reaching the emotional decision to end a marriage is already a major hurdle. You’ve weighed the emotional toll, considered the financial impact, and thought about your family’s future—now you face a practical question: Can you legally move forward? Texas law doesn’t grant divorces for just any reason—there are specific grounds for divorce you must meet. So, what qualifies, and are there limits to when and how you can file? Let’s break it down clearly so you know where you stand.
Watching the news and keeping up with the goings-on in the world, it can seem like getting a divorce is easy. Famous people seem to walk into courthouses and file for divorce without missing a beat. But for the rest of us, things don’t feel that simple. You’ve likely heard there are specific rules and grounds for divorce that apply to everyday people—and you’re right. Texas law doesn’t let just anyone file for any reason. There are legal standards you must meet before a court will grant a divorce, and understanding those requirements is the first step toward moving forward with confidence. It won’t be as easy as a celebrity makes it out to be, as far as getting a divorce. Rather, you would need to jump through some hoops and justify your request for a divorce, right?
The seven grounds for divorce
If you want to get divorced in Texas, you need to be able to list at least one ground for divorce. When it comes to listing a specific reason, you should give some thought as to which you are going to cite in your petition. The difference between citing a ground correctly or incorrectly could mean a significantly different situation when it comes to marital property division or conservatorship issues with your children who are younger than 18. The last thing you want is to lose valuable time with your child or receive less community property than you deserve—just because you didn’t take the time to properly prepare your case.
No-fault divorces versus fault-ground divorces
Fault-ground divorces are much different than no-fault divorces and here is why. In a divorce based on a specific fault ground, you need to plead that ground for divorce in your petition and then prove the ground for divorce with evidence. In a no-fault divorce, you are not saying that the divorce is anyone’s fault in particular. Rather, the divorce comes down to a situation where you and your spouse simply could not get along with one another anymore and now divorce is your best option. This seems like a reasonable substitute for specifying why the divorce is necessary and it is. Rather than having to invent a reason for a divorce, embellish the reasons why a divorce is necessary or delay getting a divorce, you can state that you have irreconcilable differences and just get move on with your life one way or another.
A divorce based on fault grounds means that you can have a judge award you a disproportionate share of your community estate when that is divided. This simply means that you would be able to receive more than 50% of the estate when it is all said and done. The default setting in a divorce in Texas is for both spouses to walk away from the divorce with around 50% of the marital property going with him or her.
However, if there are legitimate reasons to award one party more than 50% then a judge may be decided to do so. Also, a well-proven fault ground for divorce gives you an advantage in negotiation with your spouse so that you can negotiate for a greater than 50% share of your community estate even if you do not go all the way to a trial.
Adultery
Adultery is the most referred-to fault ground for Texas divorces in my experience as an attorney. We see people come into our office all the time for free-of-charge consultations regarding their divorce who expect to utilize adultery to their advantage in a divorce. However, while it is true that your spouse may have cheated on you during your marriage this does not necessarily mean that you will be able to “use” adultery as a fault ground like you may have imagined. The actual circumstances in which adultery may come in handy as a fault ground are more limited than you may think. Here is what you need to know about this commonly referenced fault ground on a practical level.
First, you need proof that the adultery happened. This is the first roadblock that many people run into when it comes to utilizing adultery as a ground for divorce. Hearing through the grapevine that your spouse is cheating on you is not necessarily sufficient evidence to assert that your spouse has committed adultery. Having some indication or a feeling that your spouse is cheating on you is not good enough.
You need testimony from multiple people, photographs, or bank statements showing that your spouse has been draining your bank account to pay for gifts, trips, or other things for this person. That is when adultery falls into the category of something that has some teeth to it for a divorce. Of course, that doesn’t mean infidelity isn’t a serious matter.
Cruel treatment
When you willfully cause pain and/or suffering to your spouse, you are engaging in cruel treatment. When that treatment goes beyond the pale and starts to impact the core tenets of your marriage, you run into a situation where the marriage is no longer supportable. Of course, the issue with cruel treatment is that what you think of as cruel may not be what I think of as cruel, and vice versa.
You could disagree with your spouse, saying that you engaged in cruel treatment, just as easily as your spouse may disagree with your allegations that cruel treatment is ongoing. As a result, you should carefully consider any claims of cruel treatment in your divorce petition and prepare to support them with strong, credible evidence. All the while, if the treatment is as cruel as you say that it is, you will also need to be on your toes as far as keeping yourself safe from harm during a difficult time in your life.
You must prove that your spouse acted intentionally. That means showing not just what they did, but also their mindset when doing it. Proving intent isn’t simple—just ask any criminal defense attorney. It requires solid evidence and a clear demonstration that your spouse’s actions were deliberate, not accidental.
Abandonment
If you intend to allege abandonment grounds in your Texas divorce, then you need to be prepared to show a judge that your spouse left you with no intent of returning. On top of that, he or she must have remained apart from you for at least one year before your being able to win on this ground for divorce. One year cannot be interrupted by brief periods of cohabitation or a return to married life.
Criminal conviction
If your spouse committed a felony—against you or anyone else—that can serve as a valid ground for divorce in Texas. To use this ground, you must show that your spouse was convicted, served at least one year in prison, and has not received a pardon. Meeting these conditions puts you in a strong position to prove felony conviction as the basis for your divorce.
Insupportability
This is the main ground that most people get divorced in Texas, and is a no-fault ground for divorce, to be more specific. If you cannot continue in the marriage, then you can specify in your divorce petition that you are getting divorced based on insupportability. When a conflict in your marriage destroys the bonds of matrimony and there is no reasonable expectation for you all to get back together, then your insupportability claim has merit.
Living apart from one another
If you and your spouse have lived apart from one another for at least three years, then you can assert this no-fault ground for divorce in your petition. No cohabitation must have occurred during these three years, however. You should be sure to have a general timeline ready to present if you intend to show a judge that you are getting divorced due to living apart from your spouse. The simpler ground may be to state that insupportability is the reason for divorce, rather than having to potentially prove a timeline for living apart.
Mental hospital confinement
The final ground for divorce I want to highlight today applies when your spouse has spent at least three years in a mental institution, and their condition appears so severe that improvement seems unlikely. While rare, Texas law still recognizes this as a valid reason to file for divorce. If you do believe that it could be a relevant issue in your case to present to a court, then you should probably have some diagnostic paperwork from a doctor as well as information and hospital records to attach as an exhibit to your petition for divorce.
Final thoughts on marriage, divorce, and fault grounds
Preparation is key when it comes to navigating a divorce. The more informed and organized you are, the stronger your case will be from the start. In Texas, you can’t file for divorce on a whim. You must meet specific grounds for divorce, and not every situation fits within those legal categories. That’s why it’s essential to consult with an experienced family law attorney who can guide you through your options based on your unique circumstances. Understanding the grounds for divorce that apply to your case gives you the clarity and confidence needed to move forward with purpose and legal precision.
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