Your marriage is breaking down. You tried everything, but nothing worked. There is no affair, no secret text messages, and no cheating. You’re not angry anymore—just tired, and a little worried. Yet everything you’ve ever heard about marital misconduct in a Texas divorce seems to revolve around infidelity, leaving you to wonder whether marital misconduct is simply another word for adultery.
What if the damage was done by cruelty that never left any bruises? Or what if it was out of abandonment that occurred while two individuals were living under the same roof? What if the damage was the result of emotional disregard or turmoil over the years that caused the home to seem unsafe?
That’s where worry sets in. Do you have any legal justification to seek a divorce? Are you stuck?
The short answer is no. Under Texas law, marital misconduct is not limited to adultery and can include a range of fault-based behaviors that affect both the grounds for divorce and the outcome of the case.
This article answers those questions. We will talk about what “marital misconduct” actually means under Texas law, why fault still matters in a so-called “no-fault” state, and how the reason for the divorce can shape everything that comes after, including custody, property division, and your financial future. It should be noted that while “marital misconduct” is not a defined term in the Texas Family Code, it is commonly used to describe fault-based conduct. This includes behaviors such as adultery, cruelty, or abandonment that Texas courts are permitted to consider in divorce proceedings.
Texas Is a No-Fault State. I Don’t Need Grounds for Divorce?
This is where most people get tripped up. Yes, Texas is a no-fault divorce state. That part is accurate. But the phrase “no-fault” does not mean what most people think it means. A no-fault divorce simply means that the court does not require either spouse to be legally responsible for the failure of the marriage. You do not have to prove misconduct by one spouse to end the marriage legally. That includes adultery.
But here is the part that surprises people. You still have to state a legal ground for divorce. Texas state law does not allow divorce to be granted without cause.
For example, the most common no-fault ground is called insupportability. It is a legal way of saying the marriage simply cannot be salvaged. The conflict has become so deep and persistent that reconciliation is no longer a realistic option. No finger-pointing, the marriage is just over.
So, when someone files for divorce in Texas, they do not need to accuse their spouse of misconduct just to get out of the marriage. They simply need to prove “insupportability.”
The court requires this “framework” in which to proceed. A ground that fits within the Texas Family Code.
But if no one is officially “at fault,” that raises another question, and it’s an important one.
Do the Grounds for Divorce Really Matter?
Yes, because the grounds do not just explain why the marriage is ending. It can influence what happens next.
Even in a no-fault divorce, the grounds you allege and the facts behind them can shape critical outcomes in your case. Judges are human. They look at context. They look at behavior. Texas law allows the courts the latitude to consider marital misconduct when deciding several significant issues.
- Child Custody and Visitation
A parent’s behavior during the marriage can affect conservatorship decisions, parenting time, and restrictions designed to protect a child’s best interests. - “Just and Right” Division of Property and Debts
Texas is a community property state, but that does not mean everything is automatically split 50/50. The courts decide upon a “just and right” division. Courts can make an unequal division when misconduct has occurred. - Spousal Maintenance
Certain forms of misconduct—particularly family violence—may affect eligibility for spousal maintenance, as well as the amount and duration once awarded. - Overall Credibility
The story of the marriage matters. Patterns matter. And when one spouse’s conduct contributed significantly to the breakdown of the relationship, the court is allowed to consider that.
So, while Texas does not require fault to grant a divorce, it absolutely allows fault to influence the outcome, which brings us to the law itself.
Legal Grounds for Divorce Under the Texas Family Code
Texas law recognizes several grounds for divorce. Some are no-fault. Others are based on specific conduct. Each one tells a different story about how the marriage ended.
Below are the legally valid grounds for divorce under Chapter Six(6) of the Texas Family Code.
Adultery
Yes, adultery is misconduct and is most certainly a valid ground for divorce. It includes voluntary sexual relations with someone outside the marriage. Proof can come from circumstantial evidence, not just direct admission.
But adultery is only one form of marital misconduct. And it is far from the only reason a court may consider fault.
Insupportability
As mentioned above, this is the most commonly used ground for divorce in Texas. “Insupportability” means the marriage has become unworkable due to conflict or discord that destroys the marital relationship. In other words, the marriage cannot be saved, and there is no reasonable expectation of reconciliation.
The misconduct does not have to be proven. There is no need for any wrongdoing to be shown. The mere fact that the relationship is irreparable is sufficient. This is the most appropriate ground for numerous spouses. It recognizes that emotional distance, persistent conflict, and the silent loss of trust do not bode well for a sustainable marriage.
Cruelty
When it comes to cruelty, physical abuse is just the tip of the iceberg. Cruelty may also involve emotional sadism, words of degradation, bullying, humiliation, or domineering acts that render future living together unbearable.
One of the least understood reasons for divorce is cruelty. Most spouses downplay what they have gone through since they did not report to the police or visit the hospital. However, the Texas Family Code acknowledges that damage does not necessarily have to be physical.
Conviction of a Felony
A spouse may seek divorce on this ground if the other spouse has:
- Been convicted of a felony during the term of the marriage
- Has been imprisoned for at least one year
- Has not been pardoned
There is a significant limitation here. A divorce cannot be granted on this ground if the conviction was based solely on the testimony of the complaining spouse. This ground reflects the reality that long-term incarceration fundamentally alters the marital relationship.
Abandonment
Abandonment occurs when one spouse leaves with the intent to abandon the marriage and remains away for at least one year. This has nothing to do with temporary separations or cooling-off periods. Intent matters. Duration matters.
Abandonment may have far-reaching implications for financial stability, parenting, and emotional well-being when one spouse is left to bear the entire burden of the family single-handedly.
Living Apart
Texas permits divorce when the spouses have not lived together for the past three years. This ground does not entail misconduct. It simply acknowledges the fact that even in the absence of enmity, long-distance separation can be a sign of the end of a marriage.
In these instances, the marriage seems to have ended way before the divorce was even filed.
Confinement in a Mental Health Facility
This ground applies when, at the time the divorce is filed:
- One spouse has been confined to a mental health facility for at least three years, and
- The mental disorder is so severe that a cure is unlikely, or relapse is probable
This is a delicate and very narrow ground. It is an indication of cases when the marital relationship is no longer viable because the mental illness has turned chronic and requires continuing institutional support.
Why Understanding Marital Misconduct Matters
All the grounds mentioned above have varied legal and strategic implications. It is not all about revenge or “winning” when it comes to choosing the right one. It is about strategy, protection, and positioning of your case in such a manner that it is an accurate account of what is occurring in your marriage. This is particularly vital when children, property, and long-term financial stability are involved.
And this is why trying to navigate the process alone, especially while emotionally overwhelmed, can be risky.
Why Working With a Family Law Attorney Matters
Divorce is not just a legal process. It is an emotional one. And when you are already exhausted, scared, or grieving the life you thought you would have, it is easy to make decisions that do not serve your long-term interests.
A reputable Texas family law attorney does more than just file the paperwork. They will help you:
- Determine the proper grounds for divorce.
- Know the impact that marital misconduct could have on your case.
- Protect your parental rights.
- Promote equitable distribution of property.
- Prevent expensive decisions made under emotional strain.
Most importantly, they provide clarity when everything feels uncertain. You do not have to label your marriage as something it was not. And you do not have to downplay what you endured just to move forward.
Texas law allows room for flexibility in grounds for divorce. That is why partnering with the right attorney ensures that your story is heard and that your future is protected as you take the next step.
Call Nelson Law Group Today!
If divorce is the answer, you need a trusted advisor to guide you through each stage of your divorce and help you deal with the fears that naturally come with that. We work diligently to achieve a result that ensures you receive what you are entitled to as you move forward onto the next stage of your life. The Nelson Law Group, PC, brings nearly two decades of family law experience to every case.
Give our knowledgeable staff a call if you have any further questions regarding this or any other issue. Our staff is always available. Give us a call today!
For more information about Brett A Nelson, click here.
