If you’re thinking about ending your marriage in Texas, it’s important to know the grounds for divorce. In this guide, we’ll explain the seven grounds for divorce in Texas, which include both no-fault and fault-based reasons. Knowing these options can shape your divorce proceedings and final outcome.
Key Takeaways
- The state of Texas recognizes seven grounds for divorce, including three no-fault and four at-fault categories, which affect the divorce process and results.
- No-fault grounds like insupportability, living apart, and confinement to a mental hospital let couples divorce without placing blame, encouraging a peaceful split.
- Choosing fault-based grounds such as cruelty, adultery, conviction of a felony, or abandonment requires proof and can strongly impact how assets are divided, as well as child custody and spousal support.
Overview of Divorce Grounds in Texas
In Texas, there are seven grounds for divorce. These include both no-fault and fault-based categories, applicable to one or both parties. These grounds serve as the legal basis for ending a marriage. They ensure there’s a legitimate reason for the marriage to end. Courts use them to decide on asset division, child custody, and spousal support.
Seven Grounds for Divorce
| Divorce Ground | Overview |
|---|---|
| Insupportability | No-Fault: Irreconcilable differences. |
| Living Apart | No-Fault: Extended separation (3+ years). |
| Confinement to a Mental Hospital | No-Fault: Long-term confinement due to severe mental disorder. |
| Cruelty | Fault-Based: Abusive behavior preventing cohabitation. |
| Adultery | Fault-Based: Infidelity or extramarital affair. |
| Conviction of a Felony | Fault-Based: Felony conviction with incarceration. |
| Abandonment | Fault-Based: Spouse departs without intent to return. |
No-Fault Grounds:
Insupportability: When spouses can’t resolve their differences.
Living Apart: When spouses live separately for at least three years.
Confinement to a Mental Hospital: When one spouse is confined for at least three years due to a severe mental disorder to such a degree that it impacts their ability to adjust or avoid relapse.
Fault-Based Grounds:
Cruelty: When one spouse treats the other cruelly, making it impossible to live together.
Adultery: When one spouse has an affair.
Conviction of a Felony: When one spouse is convicted of a felony and imprisoned for more than a year.
Abandonment: When one spouse leaves with no intention to return for at least one year.
Choosing Between No-Fault and Fault-Based Grounds
No-Fault Divorces: These are common in Texas. They don’t require proving that either spouse did something wrong. They apply when neither party is at fault, but the marriage is not working.
Fault-Based Divorces: These require proof of certain behavior, like cruelty or abandonment. Proving fault can affect how assets are divided, as well as child custody and spousal support.
Your choice between no-fault or fault-based grounds can strongly impact the divorce settlement. It’s important for couples to think about their options. Understanding how different grounds can shape the outcome is crucial.
| No‑Fault Divorces | Fault‑Based Divorces | |
|---|---|---|
| Proof | No need to prove wrongdoing. | Requires evidence of misconduct. |
| Process | Generally faster and less adversarial. | Often more complex and contested. |
| Legal Impact | Minimizes conflict over asset division. | May influence custody and support outcomes. |
Texas Divorce by the Numbers
Across the United States, including Texas, divorce rates have shifted over the last few years. As of 2022, the U.S. adjusted divorce rate was 14.56 divorces per 1,000 married women, according to data from the National Center for Family & Marriage Research at Bowling Green State University. Although there was a slight increase from the pandemic lows, the rate is still lower than it was before COVID-19.
Texas is among the states with higher divorce rates. This can influence couples deciding whether to file under specific grounds for divorce, possibly affecting legal strategies and settlements.
Source: Bowling Green State University – NCFMR
No-Fault Grounds for Divorce in Texas
No-fault grounds for divorce in Texas let couples end their marriage without assigning blame. This path can help avoid the added cost and stress of proving fault. The three no-fault grounds are:
Insupportability
Living Apart
Confinement to a Mental Hospital
These reasons acknowledge that a marriage can fail due to irreconcilable differences or conditions beyond a couple’s control. For defenses such as condonation and grounds for insupportability, it must be demonstrated that there is no reasonable expectation of reconciliation between the parties involved. Couples often find a no-fault divorce to be quicker and less hostile, which can make it easier to negotiate a fair settlement.
⚖️Legal Tip
Consider filing for a no‑fault divorce to streamline the process and reduce conflict.
Let’s look at each no-fault ground in more detail.
Insupportability
Insupportability, sometimes called irreconcilable differences, is the most common ground for divorce in Texas. It applies when spouses can’t fix their issues, making the marriage unworkable. When you file under insupportability, you don’t have to prove that anyone did something wrong, which can reduce tension and speed up the divorce process.
A Practical Look at Insupportability
I once helped a client who had grown apart from their spouse after years of minor conflicts and stress. Over time, these issues built up until neither partner could fix them. We talked about Texas divorce laws and how they allow couples to file under “insupportability,” so they don’t have to prove who caused the breakdown. By choosing a no-fault divorce, my client avoided a drawn-out court battle with accusations. Instead, both spouses focused on splitting property fairly and deciding custody calmly. In the end, we saw how filing under insupportability eased tensions and let them settle more peacefully.
Living Apart
Another no-fault ground is living apart for at least three years. If spouses have separate residences for that period, they can file for a no-fault divorce based on a long-term separation. This acknowledges that a prolonged separation often shows the marriage is over, so no blame is necessary.
Confinement to a Mental Hospital
The final no-fault ground is when one spouse is confined to a mental hospital for at least three years because of a severe mental disorder and has little chance of getting better. In these situations, the other spouse may file for divorce without having to prove fault. The law recognizes how mental health struggles can make it hard for a marriage to continue.
Fault-Based Grounds for Divorce in Texas
Fault-based grounds require proof of a spouse’s wrongdoing. While it is not necessary to prove fault grounds to obtain a divorce, claiming them can influence the divorce settlement, particularly when factors such as infidelity or financial misconduct are involved. Texas law recognizes four fault-based grounds:
Cruelty
Adultery
Conviction of a Felony
Abandonment
Although showing fault can lead to a more favorable settlement for the spouse who wasn’t at fault, it also means gathering solid proof to back up the claim. Choosing a fault-based ground can shape the division of property, child custody, and spousal maintenance. Couples should understand the requirements of each fault ground before moving forward.
⚖️Key Takeaway
Filing under insupportability can help minimize disputes over asset division and custody.
Case Study: Deion Sanders vs. Pilar Sanders
In a well-known Texas divorce case, Deion Sanders and Pilar Sanders went to court over a prenuptial agreement. Pilar claimed she was forced to sign it and challenged its legality. In the end, the judge sided with Deion Sanders and upheld the agreement. This case shows how complicated Texas family law can be, especially regarding prenups and their enforcement.
Source: NBCDFW
Cruelty
Cruelty involves cruel treatment that makes living together impossible. It can include physical or emotional abuse, such as repeated violence or mental torment. Even one extreme incident may allow a cruelty claim if it causes severe harm or distress.
An attempted reconciliation doesn’t stop a spouse from using cruelty as a reason to divorce. The main goal of this ground is to protect someone who has suffered serious abuse, giving them a legal way out of the marriage.
Adultery
Adultery can strongly affect how marital property is divided in a divorce. You must have solid proof, like text messages, emails, or witness statements. Adultery addresses the harm caused by infidelity and can lead to a larger share of assets for the spouse who was wronged.
Conviction of a Felony
If a court convicts your spouse of a felony and imprisons them for more than a year, you may file for divorce under this fault‑based ground. The Texas Family Code explicitly deems felony convictions valid grounds for ending a marriage. If the case against the convicted spouse relies solely on their partner’s testimony, the court will not grant a divorce on those grounds, although it may grant one based on insupportability or cruelty. This rule protects spouses whose partners commit serious crimes.
Abandonment
Abandonment occurs when one spouse leaves voluntarily with no plan to return for at least one year. The complaining spouse, who remains at home, can highlight the legal implications of abandonment by showing that their spouse chose to leave and doesn’t intend to come back. If you can show that your spouse chose to leave and doesn’t intend to come back, you can pursue a fault-based divorce on this ground.
Impact of Divorce Grounds on Settlements
Whether you choose a no-fault or fault-based ground can influence how assets are split and whether someone pays spousal support or alimony. For example, if a spouse committed adultery, the court might split community property less evenly.
On the other hand, using insupportability can minimize conflict since neither party must prove wrongdoing. Couples often find it easier to negotiate a settlement on property and child support obligations when neither side has to assign blame.
Filing for Divorce in Texas
To file for divorce in Texas, you or your spouse must have lived in the state of Texas for six months. You also must have lived in the county where you file for at least 90 days. After you submit your divorce petition, you’ll face a 60-day waiting period before the divorce can be finalized. This waiting period allows time for reflection or potential reconciliation before the final decree is issued.
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Residency Requirements
Reside in Texas for at least 6 months and in the filing county for 90 days.
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File the Petition
Submit your divorce petition to the local court.
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60-Day Waiting Period
Observe the mandatory waiting period for possible reconciliation.
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Final Decree
Divorce is finalized after the waiting period and any reconciliation efforts.
Uncontested vs. Contested Divorce
Uncontested Divorce: Both spouses agree on property division, child custody, and other issues. These divorces are often quicker and less expensive. You can typically wrap things up within 60–90 days, and you can file your divorce papers online in many counties.
Contested Divorce: Spouses disagree on critical issues, such as how to split assets or arrange custody. Negotiations, mediation, or a court trial may be required. These contested divorces usually take longer and cost more in legal fees.
The Role of a Family Law Attorney
A family law attorney plays a key role during a divorce. They handle paperwork, ensure everything is filed correctly, and guide you through any disputes. A divorce attorney also protects your rights in negotiations, especially when dealing with complex matters like division of property and child custody.
According to the American Bar Association, having proper legal advice can greatly impact your settlement, particularly in contested divorces. A qualified lawyer from a trustworthy law firm can provide advice tailored to your situation and help you navigate the ins and outs of Texas family law.
American Bar Association – Family Law Resources
⚖️Case Study
The Deion Sanders vs. Pilar Sanders case illustrates how prenup disputes can complicate divorce proceedings.
Understanding Texas as a Community Property State
Texas is a community property state, one of nine in the U.S. This means assets and debts you acquire during marriage usually belong to both spouses. Under the Texas Family Code, everything is presumed to be community property unless proven otherwise. While a 50-50 split is common, judges can divide assets differently based on factors like fault or a spouse’s financial needs.
Working with a divorce lawyer experienced in Texas community property matters is wise. They can help ensure your rights are protected if there’s a dispute over separate property or other financial concerns.
Common Misconceptions About Texas Divorce Grounds
There are several myths about divorce in Texas. One misunderstanding is that you can get a divorce on felony conviction grounds just by a spouse’s testimony. In truth, you need real evidence to prove a felony conviction, not just someone’s word.
Another misconception is that you can’t get temporary orders during a divorce. Actually, the Texas Family Code lets judges issue short-term orders on things like who stays in the family home and how money is handled. These orders can bring stability while the divorce is pending.
Knowing the reality behind these misunderstandings can help you avoid disputes and choose the right path for your divorce.
FAQs: Texas Divorce Requirements and Filing
What are the residency requirements for filing for divorce in Texas?
Is there a waiting period for divorce in Texas?
1. Exceptions: A judge may waive the waiting period in rare cases that involve family violence.
2. Residency Factor: You or your spouse must still meet the six-month state and 90-day county requirement.
3. Practical Tip: Use the waiting period to gather financial records and attempt to settle any disagreements.
Can I get a divorce without going to court?
What is the process for filing a no-fault divorce in Texas?
Basic Steps:
1. Confirm that you meet the residency requirements (six months in Texas, 90 days in your county).
2. File the divorce petition and serve it to your spouse.
3. Wait the required 60 days before finalizing the divorce.
Many couples find a no-fault divorce faster and less adversarial because there’s no need to prove fault.
What is an uncontested divorce?
FAQs: No-Fault Grounds and Separation
What is the most common ground for divorce in Texas?
What are the main grounds for divorce in Texas?
1. No-Fault Grounds: Insupportability (irreconcilable differences), living apart (3 years), or confinement to a mental hospital.
2. Fault-Based Grounds: Cruelty, adultery, felony conviction, or abandonment.
Tip: Talk with a family law attorney to choose the ground that fits your situation.
How long do you have to be separated before divorce in Texas?
1. Proof Needed: Show you’ve maintained separate residences for three continuous years.
2. Alternative Grounds: If you don’t meet the three-year period, you could still file under another ground, such as insupportability.
Does living apart automatically grant a divorce in Texas?
How do mental health issues affect a Texas divorce?
Is sexless marriage grounds for divorce in Texas?
FAQs: Fault-Based Divorce and Proving Fault
How do I prove adultery in a Texas divorce?
1. Impact on Settlements: Adultery can affect spousal maintenance and property division.
2. Privacy Concerns: Obtain evidence lawfully so you don’t break privacy laws.
3. Legal Counsel: An attorney can help gather and present evidence properly.
Does adultery affect alimony or spousal support in Texas?
1. Fault Factor: Clear proof of adultery can increase spousal support amounts.
2. Negotiation Influence: Even if the court doesn’t officially award spousal support, it may affect other settlement terms.
Does cruelty affect property division in Texas?
1. Evidence Requirements: Hospital records, police reports, or witness statements help prove cruelty.
2. Serious Incidents: Even one severe act can be enough if it made continuing the marriage impossible.
How does proving fault impact divorce settlements?
Can a spouse’s testimony alone be enough to grant a divorce on felony conviction grounds?
Can I get a divorce if my spouse is in prison in Texas?
FAQs: Settlements, Child Support, and Entitlements
What is the wife entitled to in a divorce in Texas?
Since Texas is a community property state, anything earned or acquired during the marriage is typically divided equitably, though not necessarily 50-50.
What is the 10-year rule in divorce in Texas?
What expenses are covered by child support?
What is a divorce settlement calculator and how do you use one?
Summary
When seeking a divorce in Texas, understanding the seven grounds for divorce—both no-fault and fault-based—is essential. These grounds influence asset division and custody arrangements, making it important to choose the right legal path for your situation. Consulting a knowledgeable family law attorney can provide the guidance you need to navigate this process with confidence.
Our experienced divorce attorneys are here to help you understand your options, protect your interests, and work toward a resolution that supports your future. Call us at (888) 584-9614 or contact us online to discuss your case.
