Grounds for Divorce Recognized by Texas Courts

Under Texas law, divorce is governed primarily by the Texas Family Code, Chapter 6, which clearly defines all legal grounds courts accept to dissolve a marriage. Texas is one of many U.S. states that offers both no-fault and fault-based divorce options, giving spouses flexibility in how they frame their case. Whether you file because the relationship has simply broken down or because of serious misconduct, understanding these grounds is essential—they shape the process, what you must prove, and can impact outcomes like property division, spousal support, and child-related decisions.

No-Fault Grounds (Most Common)

No-fault divorce means neither spouse needs to prove the other did something wrong. It is the most widely used path, chosen in over 90% of Texas divorces, because it is faster, less adversarial, and keeps private matters out of public record. Texas recognizes three no-fault grounds.

Insupportability – § 6.001 This is Texas’s primary no-fault ground, equivalent to “irreconcilable differences” in other states. The law states a divorce may be granted if “the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation”. You do not need to show fault, wrongdoing, or a specific event—only that the relationship has broken down permanently, and there is no hope of fixing it. One spouse can file alone; the other’s agreement is not required. This is the standard choice for most couples, as it is straightforward and requires minimal evidence.

Living Apart – § 6.006 You may file for divorce if you and your spouse have lived separate and apart without cohabitation for at least 3 consecutive years. This applies even if you separated amicably, with no blame attached. Courts interpret “living apart” as maintaining separate residences and not sharing a marital life; temporary visits or short stays together do not reset the timeline. It is often used when couples have already been separated for a long time and want a formal legal end without making accusations.

Confinement in Mental Hospital – § 6.007 A divorce may be granted if one spouse has been confined in a mental hospital (public or private) for at least 3 years, and the court finds that the mental condition is such that it makes the relationship insupportable, and there is no reasonable expectation of recovery or improvement. This ground focuses on the long-term inability to maintain a marital relationship due to mental illness, rather than assigning fault to either party. Medical records and expert testimony are usually required to prove this.

Fault-Based Grounds

Fault-based divorce means one spouse accuses the other of specific wrongdoing that caused the marriage to fail. You must present evidence to prove the claim, and if successful, it can influence how property, debts, and support are divided—Texas courts may award a larger share of assets or more support to the innocent spouse as a way to account for harm caused. These grounds are used less often, mostly when there is significant conflict or a desire to hold the other spouse accountable. Texas recognizes six fault-based grounds.

Adultery – § 6.003 Adultery is defined as voluntary sexual intercourse between a married person and someone who is not their spouse. Under Texas law, if one spouse commits adultery, the other may use this as a ground for divorce. You do not need to prove the affair lasted a long time or caused financial harm—only that it happened during the marriage. Courts consider adultery when dividing community property, and the innocent spouse may receive a larger portion. However, if both spouses committed adultery, or if the innocent spouse forgave or condoned the act, the court may not consider it.

Cruelty – § 6.002 A divorce may be granted if one spouse treats the other with such cruelty that living together becomes unbearable or improper. Cruelty includes physical abuse, emotional or psychological abuse, repeated verbal attacks, controlling behavior, humiliation, or neglect. It does not require physical violence; patterns of behavior that destroy trust, safety, or dignity qualify. You must show that the conduct was ongoing or severe enough that continuing the marriage is no longer reasonable. Witness statements, medical records, or messages are common evidence here.

Abandonment – § 6.005 This applies if one spouse left the other with the intention of abandoning them, and stayed away for at least 1 year without cohabitation. The key elements are: the leaving was voluntary, there was an intent to end the marital relationship, and the separation lasted the full year. Unlike “living apart” (which is no-fault), abandonment is fault-based because it involves one spouse intentionally walking away and leaving the other behind. It is often used when one spouse disappeared or moved out with no plan to return.

Conviction of a Felony – § 6.004 You may file for divorce if your spouse has been convicted of a felony in any state or federal court, sentenced to prison for at least 1 year, and has not been pardoned. This applies even if the crime had nothing to do with the marriage. The law also covers cases where a spouse is imprisoned due to a plea of guilty or no contest. Courts view this as a serious breach of the marital bond, and it is a clear basis for divorce. However, if you continued living with them after knowing about the conviction, the court may dismiss this ground.

Indignities – § 6.002 (Extended Interpretation) Often grouped with cruelty, indignities refer to a course of conduct or behavior that makes a spouse’s life condition intolerable, degrading, or unworthy of a married person. This includes constant public criticism, refusal to provide affection or support, excessive drinking or drug use, or persistent refusal to fulfill marital duties. Unlike single incidents, indignities are about a pattern of mistreatment that builds up over time and makes the marriage unworkable. It is frequently used when behavior does not fit strict definitions of cruelty but is still harmful.

Bigamy – § 6.008 If one spouse was already legally married to someone else at the time your marriage took place, your marriage is technically void, and you may file for divorce or have the marriage annulled. This applies whether they were married in Texas or another state or country. Bigamy is illegal, and proving it usually requires showing a prior valid marriage that was never legally ended. In such cases, the court treats the marriage as invalid from the start, and property rules may differ from standard divorces.

Key Factors and Legal Notes

When choosing between no-fault and fault-based grounds, it is important to weigh the benefits and downsides. No-fault divorces are faster, cheaper, and less stressful, and they avoid putting private details on public record. Fault-based divorces take longer, cost more, and require proof, but they can lead to better financial outcomes or stronger positions in child custody cases—especially if the fault involved abuse or neglect.

Texas also has residency rules: to file for divorce here, either you or your spouse must have lived in Texas for at least 6 months, and in the county where you file for at least 90 days. There is a mandatory 60-day waiting period after filing before the court can finalize the divorce, though this may be waived in cases involving family violence.

In property division, Texas follows community property laws—all assets and debts acquired during marriage are generally split equally, but if fault is proven, courts may adjust this split to be fairer to the wronged spouse. For child custody and support, Texas courts prioritize the best interest of the child above all else; fault may be considered only if it affects the child’s safety or well-being.

Texas courts offer clear, structured grounds for divorce that cover every situation—from amicable separations to cases involving serious harm or misconduct. Insupportability remains the most common choice because it is simple and effective, but fault-based grounds remain available when they serve a legitimate purpose. Understanding these laws helps you choose the right path, prepare properly, and protect your rights throughout the process. While you can file without an attorney, family law is complex, and working with a qualified Texas divorce lawyer ensures you meet all requirements and get the best possible outcome.

Get Help from an Experienced Divorce Lawyer in Texas

An experienced divorce attorney serving Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC will take charge of your case from the very start and work diligently to ensure your rights are protected and you achieve a fair outcome. Our divorce lawyers provide dedicated guidance through every stage of the process, helping you navigate matters such as property division, debt allocation, child custody, visitation arrangements, child support, and spousal support. Whether your case is straightforward or complex, we will advocate for your best interests and help you move forward with confidence. Contact us today at www.thorntonesquirelawgroup.com for a free case evaluation consultation.