Grounds for Divorce in Texas: Fault vs. No-Fault

You do not have to prove your spouse did something wrong to end your marriage in Texas. Texas law recognizes seven ways to file for divorce. One asks for no blame at all. The other six ask you to point to something specific, like cruelty or adultery. The one that fits depends on what happened in your marriage and what you want your case to look like.

The Direct Answer

Texas offers two kinds of divorce: no-fault and fault-based. The no-fault ground, called insupportability, is the one most Texas divorces use, because it only requires showing that the marriage cannot be repaired, not that either spouse did something wrong. Six fault grounds still exist under Texas law, for situations where a specific reason fits your case better than a general one.

Most marriages do not end because of one dramatic, provable event. They end from years of ordinary conflict that cannot be undone. Insupportability was built for exactly that. It is not a lesser option. It is the ground that fits how most divorces actually happen.

Insupportability: The Ground Behind Most Texas Divorces

Insupportability means the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation, under Texas Family Code Section 6.001. In plain terms, it means the marriage cannot be fixed, and you do not have to explain exactly why in a courtroom.

This is the ground most Texas divorces use. You do not have to share what went wrong, and you do not have to prove your spouse caused the breakdown. For most couples, that is the entire point. The marriage is over, and there is nothing left to gain from arguing about who is to blame.

Choosing this ground does not mean pretending nothing happened. It just means Texas does not require you to build a legal case around it. Insupportability being the practical default does not mean it is automatically right for you. If something specific happened, like ongoing cruelty or a betrayal you want on the record, one of the six fault grounds below might be worth discussing directly.

The Six Fault Grounds, Explained Plainly

Fault grounds are not for everyone, and Texas never requires you to use one. They exist for situations where a specific, provable reason fits your case better than a general statement that the marriage did not work. Here is what Texas law actually requires for each one.

Cruelty, Section 6.002: cruel treatment that makes it insupportable to keep living together. This calls for a pattern of treatment, not a single disagreement
Adultery, Section 6.003: adultery by the other spouse during the marriage. Texas does not require a criminal conviction, only what a court finds credible
Felony conviction, Section 6.004: the other spouse was convicted of a felony, served at least one year in prison, and has not been pardoned
Abandonment, Section 6.005: the other spouse left with intent to abandon the marriage and stayed away for at least a year
Living apart, Section 6.006: the spouses have lived apart, without living together again, for at least three years
Confinement in a mental hospital, Section 6.007: the other spouse has been confined for at least three years, with a condition unlikely to improve

A fault ground can matter in real situations, including how some property or spousal support conversations play out. Which ground to file on is a strategic decision, not just a box to check on a form. It is worth raising directly with us instead of guessing from something you read online.

Questions People Actually Ask Us About Grounds

Do I have to prove my spouse did something wrong to get divorced in Texas? No. Texas lets you file on insupportability, the no-fault ground, without proving your spouse did anything wrong. Most of the divorces we handle are filed this way.

Does choosing a fault ground make the case take longer? It can, especially if your spouse disputes the fault claim. A contested fault ground usually means more to prove and more time in court. If you want a general sense of timing first, see how long an uncontested divorce actually takes in Texas.

Can I still bring up what happened in my marriage if I file no-fault? Filing no-fault does not erase your history together, but it does change what you have to prove upfront. Facts about your marriage can still come up in other parts of your case. What to raise, and when, is worth a direct conversation rather than a guess.

Not Sure Which Ground Fits Your Situation?

A free consultation with our office is a conversation about fit and clarity, not a sales pitch. We will talk through what happened in your marriage, your goals, and which ground actually makes sense, so you leave with a real answer instead of a guess.

For the bigger picture on how Texas divorce works from the ground up, see our Texas divorce guide.