Most people do not walk into a marriage expecting it to end. They plan a future, make commitments, and assume that whatever problems arise can be worked through. But when conflicts escalate, communication breaks down, or one partner feels the marriage can’t continue for personal reasons, people start facing difficult decisions. If they feel divorce is the answer, one of the first steps in Texas is understanding the legal reasons, what the law calls “grounds for divorce.”
That leads many to quietly—and sometimes guiltily—ask: “Can I get a divorce? How do ‘grounds for divorce’ actually work?”
While the Texas Family Code doesn’t exist to prevent couples from divorcing, it does require at least one legally recognized reason for ending the marriage. Understanding the difference matters more than most people realize, especially when children, property, or long-term financial stability are involved.
What Are Grounds for Divorce in Texas?
In Texas, a spouse must plead and prove at least one legally sufficient reason for a divorce before a court can grant it. These reasons, known as “grounds,” are the legal justifications the court recognizes for ending a marriage. The rules apply to both ceremonial marriages and common-law marriages. So, whether you had a wedding or simply lived together as spouses under Texas law, the requirement is the same.
Grounds for divorce fall under two categories: no-fault and fault-based grounds.
No-Fault Grounds for Divorce
Insupportability
Insupportability is by far the most commonly used ground for divorce in Texas. It is the state’s version of “no-fault” divorce; in other words, neither spouse blames the other for a specific act or causing the decision to get a divorce, Legally, insupportability simply means the marriage has become unworkable due to disharmony or conflict that undermines its legitimate ends, with no reasonable expectation of reconciliation.
This usually comes down to ongoing personality conflicts, communication breakdowns, or fundamental differences that cannot be repaired. No one has to prove wrongdoing. No one has to relive private moments in court.
A spouse can testify that the marriage simply no longer works, and that is often enough. This does not mean the decision is easy. Many couples pursue counseling, faith-based guidance, or long periods of reflection before concluding the marriage is insupportable. But from a legal standpoint, Texas allows spouses to end a marriage without assigning blame.
Living Apart
Texas law also allows divorce when spouses have lived apart without cohabitation for at least three continuous years. This ground for divorce is less commonly used because it requires a long separation period. It is typically seen in situations where spouses drifted apart long ago but never legally ended the marriage, sometimes due to finances, health issues, or religious beliefs. Living apart does not automatically make the divorce easier. Property and support issues still need to be resolved.
However, the extended separation itself serves as another acceptable ground for divorce.
Confinement in a Mental Hospital
A divorce may also be granted if one of the spouses has been confined to a mental facility for at least three years, and the court determines that the mental disorder is severe and unlikely to improve. This ground, however, comes with safeguards. When a spouse is confined, the judge must designate a guardian ad litem to represent that spouse’s interests during the case. The goal is not punishment but fairness, especially when one spouse cannot participate fully in the legal process.
These cases are emotionally complex and require careful handling. They are also less common, but the law recognizes that some situations make continuation of the marriage impossible through no fault of either party.
Fault-Based Grounds for Texas Divorce
Fault grounds require proof that one spouse’s behavior caused the breakdown of the marriage. While not required in most cases, fault can significantly affect how a divorce unfolds. Examples of reasons couples may cite include:
Adultery
Adultery happens when one spouse has a sexual relationship outside the marriage. If adultery is proven, it can influence how property gets divided. Texas is usually a community property state, but the spouse who did not cheat might receive a bigger share when the court decides fairness demands it.
Cruel Treatment (Abuse)
Cruel treatment includes physical abuse, emotional abuse, and other behavior that makes living together unsafe or intolerable. These grounds for divorce are broader than many people expect and can include patterns of intimidation, verbal degradation, manipulation, or controlling behavior. When cruelty is established, it can affect custody determinations, protective orders, and property division. In some cases, it also intersects with criminal proceedings.
Conviction of a Felony
A divorce can happen if one spouse is convicted of a felony while married and ends up in prison for a year or more. If the spouse is pardoned, this ground does not apply. Also, the court will not allow this as grounds for divorce when the only evidence for the conviction comes from the filing spouse.
Abandonment
Abandonment occurs when one spouse leaves and does not return, staying away for a year or more. Short breaks, work trips, or military service usually do not apply. The court looks for signs that the person left on purpose, without a good reason. It can matter a lot for property and support, particularly if the spouse who stayed behind relied financially on the other spouse.
How Grounds for Divorce in Texas Affect the Rest of Your Case
One common misconception is that once grounds are established, the rest of the divorce is essentially automatic. In reality, grounds can influence several downstream decisions, even in an uncontested divorce.
Even though Texas usually splits community property “just and right,” fault can change that. If a spouse caused the marriage to break down through adultery, abuse, or abandonment, the other might get a bigger share. That can include the house, retirement accounts, or other significant assets that would typically be divided evenly.
Grounds may also impact spousal maintenance. Although Texas has strict limits on when maintenance is available, fault can become relevant when a court evaluates whether support is appropriate, the amount of that support, and for how long. A spouse whose conduct led to the divorce may face less favorable outcomes when financial support is disputed.
Grounds and Child-Related Decisions
While grounds for divorce do not automatically determine custody or visitation, specific fault-based grounds can still matter when children are involved. For instance, evidence of abuse or cruel treatment may affect conservatorship decisions, parenting time, and the imposition of supervised visitation. Courts are required to act in the child’s best interests, and a parent’s behavior during the marriage may be relevant if it raises concerns about safety, stability, or judgment.
Even when a divorce is no-fault, how parents act during the process matters a lot. Judges notice who cooperates, who communicates, and who actually puts the kids’ needs first. Sometimes that matters more than the ground for divorce itself.
Grounds, Forgiveness, and Hard Decisions
For many people, divorce raises questions that go beyond the courtroom. Marriage is still viewed by many as a covenant relationship, not just a legal contract. That belief does not disappear simply because the law allows divorce. When it is possible, taking a step back, being honest with yourself, and trying counseling can help.
Some couples manage to work things out, but not every marriage can be saved. The law does not require anyone to remain in a marriage that has become unsafe or is clearly broken. At the same time, it treats the decision seriously. Grounds for divorce are not just a formality—they ensure the decision to divorce is genuine and based on actual circumstances.
How Legal Guidance Helps
A capable and caring Texas family law attorney at Nelson Law Group in Flower Mound can help determine which grounds fit your situation, how they may affect your case, and whether pursuing fault is worth the emotional and financial cost. In many cases, clarity alone reduces anxiety and helps people move forward with confidence rather than fear.
Divorce is never just about ending a marriage. It is about protecting your future, your children, and your ability to rebuild with stability and peace.
If you are asking how grounds for divorce work, you are already taking the first step toward informed decision-making—and that matters more than most people realize.
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!
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