7 Grounds for Divorce in Texas

What Are the 7 Grounds for a Texas Divorce?

When a marriage ends in Texas, it’s important to understand the grounds for divorce so that both parties can make informed decisions. In the Lone Star State, there are seven grounds for divorce available to couples who want to legally end their marriage. These include cruelty, adultery, the conviction of a felony offense, abandonment, and living apart for at least three years. Additionally, spouses may file on the grounds of confinement in a mental hospital or if they have been married less than 10 years and have no children together.

Divorce proceedings are complicated legal matters with many rules and regulations that must be followed by each party involved. That’s why it’s essential to find experienced legal representation when filing for divorce in Texas.


Adultery is defined as voluntary sexual intercourse between an individual who is married and someone who is not their spouse. In the state of Texas, spouses can obtain a divorce on the grounds of adultery if they can prove that the other spouse had voluntary sexual intercourse with another person while they were legally married or living together.

In order to prove adultery in court, it must be proven that one spouse has engaged in sexual activities with another person outside of their marriage. Physical evidence such as emails, text messages, or photographs may be presented to support claims of adultery during a divorce proceeding. Other forms of evidence include testimony from friends and family members about alleged adulterous activity by either spouse.


Abandonment is defined as one spouse leaving the marital household without the consent of the other and with no intention of returning. Abandonment can be either physical or emotional, leaving one spouse feeling betrayed and alone.

Under Texas law, abandonment is considered cruel treatment, which is grounds for a divorce in Texas. The court looks at both the length of time that has passed since one spouse left and if there was any reasonable cause for this action. If abandonment has occurred, it must have taken place within two years prior to filing for divorce in order to be accepted by the court as grounds for dissolution of marriage.

If you are considering pursuing a divorce on these grounds, then it’s important to understand what is legally required so that your case can be properly argued in court.


One of the most common grounds for divorce in this state is insupportability. This means that parties are no longer able to live together due to conflicts or differences that cannot be resolved. Insupportability can also refer to a spouse’s financial inability to provide adequate support for their partner or children. This type of divorce does not require either party to prove fault or misconduct on the part of the other spouse, and it may be used as grounds for uncontested divorces in certain cases.

Cruelty or Abuse

Cruel Treatment is one of the most commonly cited grounds for divorce in Texas. According to the Texas Family Code, a spouse may seek an immediate dissolution of marriage if his or her partner has acted in a cruel manner, which includes physical and mental abuse. The law states that cruelty can include both acts and omissions, meaning that neglectful spouses are just as culpable as those who engage in physical violence.

When filing for divorce on these grounds, the court considers multiple aspects of the situation. If evidence is presented that proves domestic violence occurred during the course of marriage then it will be taken into consideration when deciding whether to grant a judgment of dissolution. Additionally, if one spouse has exhibited behavior such as extreme jealousy or insults directed at his/her partner over an extended period of time then this may also be considered cruel treatment under Texas law.

Felony Conviction

For couples considering divorce in the state of Texas, a felony conviction could potentially be grounds for a successful petition. If either party has been convicted of a felony offense, it is important to understand the implications that such an event will have on their marriage and subsequent divorce proceedings.

In order to secure a no-fault divorce in Texas, spouses need only cite “insupportability” as the reason for their separation. However, when one spouse has been convicted of a felony in the past five years (or still remains incarcerated), this can provide additional grounds for divorce by proving that an irreconcilable breakdown exists between them. The defendant’s criminal record must also be presented as evidence in front of the court during any related hearings or trials.

Separation: Living Apart

Living apart can be a difficult decision for couples, but in the state of Texas, it is grounds for divorce. In Texas, a couple must be living apart for at least three consecutive years before they can file for divorce on such grounds. This does not necessarily mean that the couple needs to have been physically separated during that time; cohabitation without sexual relations is enough to prove living apart.

Additionally, there are other conditions that qualify as living apart in Texas. For example, if one spouse has left the marital home without any intention of returning it may qualify as living separately. Similarly, if spouses live together and maintain separate bedrooms or sleep in separate beds then this could also constitute being ‘living apart’ according to certain legal standards.

Mental Incapacity

Mental incapacity is a serious issue that can lead to divorce in Texas. A marriage may be dissolved when one spouse is found to have mental incapacity and the other spouse can prove it. It is important for spouses who are considering filing for divorce due to mental incapacity grounds to understand how it works in the state of Texas.

In the state of Texas, mental capacity must be proven in order for a divorce to occur on these grounds. The party claiming this must demonstrate that their partner has been incapacitated for a minimum of three years before filing for divorce. Furthermore, such proof must show that the partner’s condition was so severe that they were unable to make reasonable decisions or take care of themselves adequately during the entirety of their marriage prior to filing for divorce.

Proving Fault for Divorce in Texas

When deciding who is at fault for a divorce, Texas courts consider three types of grounds: insupportability, cruelty, or adultery. Insupportability is commonly known as “irreconcilable differences” and is used to describe circumstances where the marriage has broken down beyond repair after at least 3 years of separation. Cruelty involves physical or mental abuse inflicted by one spouse against the other, while adultery requires proof that one spouse was unfaithful to the other during the marriage.

In a no-fault divorce, either spouse can file without having to blame the other for causing the marriage to fail. In addition to being less expensive and simpler than traditional divorces, no-fault divorces also allow spouses more control over how they will divide property and custody arrangements going forward. It is important to remember that while a no-fault divorce can make ending a marriage easier, it still requires both parties’ agreement before it can be finalized.


Texas is a no-fault state, meaning that couples do not need to prove fault for filing for a divorce. Even if the couple does agree on the terms of their divorce, they must still go through the legal process in order to be officially divorced. Grounds for divorce in Texas are broad and include insupportability, cruelty, adultery, abandonment, and conviction of a felony. It is important to consult a licensed attorney so you can understand your rights and obligations when navigating the Texas divorce process.

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