If you are considering a divorce in Texas, one of the first questions that comes up is what reason, or legal ground, you need to end a marriage. The short answer is that Texas is primarily a no-fault divorce state, so most couples do not have to prove that anyone did something wrong. Texas law also keeps several fault based grounds on the books, and the ground you choose can affect more than just the paperwork. This article explains, in plain language, the grounds for divorce in Texas, the difference between no-fault and fault based divorce, and why that choice sometimes matters for Houston and Harris County families. It is general information, not legal advice.
What “grounds for divorce” means in Texas
A ground for divorce is simply the legal reason a court uses to grant the divorce. Texas recognizes two broad categories. A no-fault ground lets a spouse end the marriage without blaming the other person. A fault based ground asks the court to find that one spouse’s misconduct caused the marriage to fail. You do not have to allege fault to get divorced, and in most Texas cases people do not. Understanding both categories helps you make an informed decision about how to file. For a broader walk through of the divorce process itself, see our Houston divorce lawyer page.
No-fault divorce in Texas: insupportability
Most Texas divorces are filed on the no-fault ground the law calls insupportability. In everyday terms, insupportability means the marriage has become unworkable because of discord or a conflict of personalities that destroys the legitimate ends of the marriage, with no reasonable expectation that the spouses will reconcile. Neither spouse has to prove wrongdoing, and one spouse can obtain a divorce on this ground even if the other does not want one. A spouse does not need the other’s agreement or signature to move forward on insupportability, which is one reason it is the most common choice in Texas.
Because it avoids a public fight over blame, insupportability is the path most couples use, including in uncontested cases where the spouses agree on the terms. Many people ask whether Texas is a no-fault divorce state, and the answer is yes. No-fault divorce is the norm here, and fault is the exception that a spouse chooses to raise.
Fault based grounds for divorce in Texas
Texas law also lists specific fault grounds. A spouse can ask the court to grant the divorce in favor of one spouse based on the other’s conduct. The recognized fault grounds are:
- Cruelty. One spouse treated the other cruelly, in a way that makes living together insupportable.
- Adultery. One spouse was unfaithful during the marriage.
- Conviction of a felony. One spouse was convicted of a felony, imprisoned for at least a year, and not pardoned. There is a limit when the conviction rested on the other spouse’s testimony.
- Abandonment. One spouse left with the intent to abandon the other and stayed away for at least one year.
- Living apart. The spouses have lived apart, without living together, for at least three years.
- Confinement in a mental hospital. One spouse has been confined in a mental hospital for at least three years under the conditions the statute describes, where improvement is unlikely or a relapse is probable.
Alleging a fault ground is a strategic choice, not a requirement. It usually means presenting evidence, which can make a case longer and more contested, so it is worth weighing carefully with an attorney before you file.
Why the ground you choose can matter
Choosing no-fault or fault is not only about the reason stated in the final decree. Fault can affect two practical areas.
First, property. Texas is a community property state, and when a court divides the marital estate it must do so in a way that is just and right, which does not always mean a 50/50 split. A judge may weigh a range of factors, and fault in the breakup of the marriage can be one of them. In plain terms, conduct such as adultery or cruelty may influence how a court divides community property, although it does not guarantee any particular result. You can read more on our Houston property division page.
Second, spousal maintenance, which many people call alimony. Texas limits when a court can order spousal maintenance at all. Fault does not by itself qualify a spouse for maintenance. But once a spouse is eligible under the statute, a court deciding how much maintenance to order and how long it should last may consider marital misconduct, including adultery and cruel treatment, among the other factors. Our Houston spousal support page explains who may qualify.
Before you can file: residency and the waiting period
No matter which ground you use, two timing rules apply in every Texas divorce.
Residency. Before a divorce can go forward, one spouse generally must have lived in Texas for at least the previous six months and in the county where the case is filed for at least the previous ninety days. For most Harris County residents, that means filing with the district clerk in Houston.
Waiting period. Texas courts generally cannot finalize a divorce until at least sixty days have passed since the case was filed, so the earliest a divorce is usually granted is the sixty first day. There is a narrow exception. The waiting period can be waived in certain family violence situations, such as when the other spouse has been convicted of or received deferred adjudication for an offense involving family violence, or when there is an active protective order against the other spouse. For a step by step look at how a case moves through the local courts, see our Harris County divorce and custody guide.
Which path makes sense for your situation
For many couples, a no-fault divorce on the ground of insupportability is the simplest and least costly route, especially when the main goal is to resolve property and parenting issues and move forward. Raising fault can make sense in specific circumstances, for example where misconduct is clear and may bear on the division of property or on maintenance. Because fault usually requires proof and can increase conflict, the right decision depends on the facts of your marriage, your priorities, and the evidence available. Talking through the options early can help you avoid a more difficult case later, and it can help you understand how a particular ground might play out given your property, your income, and your family circumstances.
How Hinojosa Law Office, P.C. helps
Hinojosa Law Office, P.C. is a family law firm on Uvalde Road in East Houston, led by attorney Monica A. Hinojosa. We help Houston and Harris County clients understand their options, decide whether a no-fault or fault based approach fits their goals, and handle divorce matters from filing through the final decree, in English and Spanish.
If you would like to talk with a Houston family law attorney about your situation, you can call (713) 455-3575 or reach us through our contact page. Se habla español.
This article provides general information about Texas family law and is not legal advice. The grounds for divorce and their effects depend on the specific facts of each case, so please consult an attorney about your situation.
Frequently Asked Questions
What is insupportability in a Texas divorce?
Insupportability is the no-fault ground used in most Texas divorces. It means the marriage has become unworkable because of conflict, with no reasonable expectation that the spouses will reconcile, and it does not require proving that either spouse did something wrong.
What are the fault grounds for divorce in Texas?
Texas recognizes cruelty, adultery, conviction of a felony, abandonment, living apart for at least three years, and confinement in a mental hospital for at least three years. Using a fault ground is optional and usually requires evidence.
Can fault affect how property is divided in Texas?
It can. Texas courts divide community property in a way that is just and right, which is not always equal, and a judge may consider fault in the breakup of the marriage, such as adultery or cruelty, among other factors. It does not guarantee a particular outcome.
Does adultery affect spousal maintenance in Texas?
Adultery does not by itself qualify a spouse for spousal maintenance. If a spouse is otherwise eligible, a court may consider marital misconduct, including adultery, when deciding the amount and how long maintenance lasts.
