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Specialty tag(s): Pre-Divorce Guidance, Divorce
Cassidy Pearson | April 14, 2025
Divorce is never an easy choice, and it can be overwhelming to navigate the process. When you do decide to end your marriage, though, one of the first concepts you’ll encounter is “grounds for divorce.” These are legal reasons you present to the court that explain why your marriage should be dissolved.
Texas recognizes several grounds for divorce, including those for both fault and no-fault divorces. Understanding these grounds can help you clearly and confidently approach the process and choose which option is right for you.
Understanding Fault vs. No-Fault Grounds for Divorce
Before exploring the specific grounds for divorce in Texas, you should understand the difference between fault and no-fault divorces.
Texas is a no-fault divorce state, meaning that neither spouse needs to prove any wrongdoing to get divorced. These types of divorces tend to be quicker and less contentious, with spouses focusing more on reaching a fair settlement than assigning blame.
Fault-based divorces, on the other hand, require one spouse to prove that the other behaved in a way that led to the end of the marriage. While this can be challenging and both emotionally and financially taxing, pursuing a fault-based divorce may provide advantages in areas like property division or spousal support.
What Are Grounds for Divorce Allowed in Texas Courts?
No-Fault Grounds for Divorce
- Insupportability: Also referred to as irreconcilable differences, insupportability means the marriage can no longer continue because of personality differences.
- Living Apart: Spouses who choose not to live together for three or more years can pursue a no-fault divorce on the grounds of living apart. The court may require you to show proof of separate residences and a clear intent not to resume living together.
- Confinement in a Mental Hospital: Confinement in a mental hospital for three or more years, with little likelihood of recovery or a high chance of relapse, can support a no-fault divorce action.
Fault Grounds for Divorce
- Cruelty: Cruelty involves one spouse intentionally causing pain or suffering, either physically or mentally, to the other. The law views repeated or severe mistreatment as grounds for divorce, but isolated disagreements or mild arguments usually do not qualify.
- Adultery: Providing convincing proof of a spouse’s affair, such as receipts, messages, or witness testimony, can establish fault for divorce on grounds of adultery.
- Felony Conviction: If one spouse is convicted of a felony and imprisoned for at least a year during the marriage without being pardoned, the other spouse may have valid grounds for divorce.
- Abandonment: Abandonment is when one spouse leaves voluntarily with the intent of never returning. If the spouse is gone for a full year without any breaks in that absence, the other spouse can file for divorce on the grounds of abandonment.
How Goranson Bain Ausley Can Help
Choosing the right grounds for your divorce is essential. Fault-based grounds may lead to a more favorable division of property or custody ruling, but they require evidence and can make the process more contentious. No-fault grounds, on the other hand, simplify the proceedings and are the most common choice.
At Goranson Bain Ausley, we understand that this can be a complicated and overwhelming decision. Our experienced divorce attorneys will work with you to provide the support and guidance you need to make an informed decision. Contact us today to learn more about your options and how we can support you during this challenging time.