Divorce · 2025-02-15 · 9 min read · Anthony Robles
The 7 Grounds for Divorce in Texas (And When Fault Matters)
TL;DR (Quick Summary)
Texas recognizes 7 grounds for divorce (Family Code §§6.001–6.007). One is no-fault: insupportability — used in the vast majority of cases. Six are fault-based: cruelty, adultery, conviction of a felony (1+ year imprisonment), abandonment (1+ year), living apart (3+ years), and confinement in a mental hospital (3+ years). Why plead fault? Proving adultery or cruelty can win the innocent spouse a disproportionate share of community property, affect spousal maintenance, and (for cruelty/violence) impact custody. Most petitions plead insupportability plus fault grounds in the alternative.
All Seven Grounds, Explained
- Insupportability (§6.001) — the no-fault ground: discord or conflict of personalities that destroys the marriage. No proof of wrongdoing needed; the other spouse cannot block it. See is Texas a no-fault state?
- Cruelty (§6.002) — willful, persistent infliction of unnecessary suffering, physical or emotional. Family violence findings supercharge this ground.
- Adultery (§6.003) — proven by direct or circumstantial evidence (texts, financial records, travel); includes affairs after separation.
- Felony conviction (§6.004) — spouse convicted of a felony, imprisoned at least 1 year, not pardoned (unavailable if the conviction rested on your testimony).
- Abandonment (§6.005) — left with intent to abandon and stayed away at least 1 year.
- Living apart (§6.006) — no cohabitation for at least 3 years.
- Mental hospital confinement (§6.007) — 3+ years of confinement with poor prognosis for recovery.
Fault Strategy: When It's Worth Pleading and Proving
Texas divides community property in a "just and right" manner — not automatically 50/50. Proven fault is one of the strongest factors pushing a division to 55/45, 60/40, or beyond, especially when the misconduct drained community funds (an affair financed with marital money supports a waste/fraud claim and reimbursement). Cruelty and family-violence findings also affect conservatorship (§153.004) and open the door to spousal maintenance.
The practical playbook in Ector and Midland County courts: plead insupportability plus the fault grounds you can credibly prove; use fault evidence as settlement leverage; and drop it at trial only if the cost of proving it exceeds the gain. Fault does not waive the 60-day waiting period and rarely speeds up the case. Wondering what happens at the hearing itself? Read what questions are asked at a divorce hearing. Case Evaluation: (432) 366-6000.
Frequently Asked Questions
What is the most common ground for divorce in Texas?
Insupportability — the no-fault ground. It requires no proof of misconduct and cannot be contested, which is why nearly all Texas divorces plead it (sometimes alongside fault grounds).
Does adultery affect a Texas divorce?
Yes. Adultery is a fault ground that can justify a disproportionate property division and affects spousal maintenance. It rarely affects custody unless the conduct harmed the children.
Do I need proof to allege cruelty?
You need evidence at trial: photos, medical records, police reports, texts, and witness testimony. A pattern of physical or emotional abuse qualifies; ordinary marital arguments do not.
Is there a waiting period no matter the ground?
Yes — 60 days from filing in almost every case. The only exceptions involve family violence convictions or protective orders against the respondent.