Divorce is tough. Feelings run deep, and the whole thing can seem too much to handle, but knowing the legal reasons, or grounds, for divorce in Texas can help you feel a bit more in control.
Texas law allows you to file for divorce on either no-fault or fault-based grounds, and your choice can change how things turn out. It can affect who gets what property, who pays to support the other, and who looks after the kids. If you know your options, you can make informed choices during this challenging transition.
No-Fault Divorce
If you want a divorce that's less likely to cause arguments, a no-fault divorce might be your best bet. In Texas, we call this in-supportability, which means your marriage isn't working anymore because you and your spouse can’t get along or have different personalities, and there's no real chance of fixing things.
The good news? In a no-fault divorce, you don't need to show that anyone did something wrong. Even if your spouse doesn't agree to the divorce, you can still move forward by testifying under oath that your relationship can't be saved.
Many people pick this option because it can result in a quicker and smoother process. It also serves as a good backup plan if you lack evidence to prove a fault-based reason. However, don't let the term "no-fault" fool you—issues like dividing property or deciding custody can still require time and negotiation.
Fault-Based Divorce
In a fault-based divorce, one spouse claims that the other has responsibility for the marriage's breakdown. This approach can be more complicated and emotional, but in some cases, it might lead to better outcomes, such as a bigger share of property or more support.
Here are the fault-based grounds Texas law recognizes:
1. Cruelty
If your spouse has treated you in a way that makes it impossible to stay married—whether that's physical abuse, emotional manipulation, or nonstop verbal attacks—you can file for divorce on the grounds of cruelty. Courts take this very seriously, especially when children are part of the picture, and it can result in more protection for you and your kids and a bigger portion of shared property.
2. Adultery
Adultery means your partner was intimate with another person while you were married. If you can show proof—through messages, bills, or even witness statements—it might have an impact on how the judge splits up your property or decides on spousal support. Not all judges look at cheating the same way, but many see it as breaking trust, which can matter.
3. Felony Conviction
If your partner was found guilty of a serious crime, got at least a year in jail, and hasn't been pardoned, you can use this to ask for a divorce—unless the conviction was based on your testimony. Such a conviction can also affect custody arrangements and how your things are divided.
4. Abandonment
Abandonment happens when your partner takes off without good reason and stays away for at least a year. This situation can strain your finances and emotions, which the court might consider when splitting assets and property.
5. Living Apart
If you and your spouse have resided apart and haven't shared a home for a minimum of three years, this fact alone is sufficient to file for divorce, even if neither party is necessarily at fault. This option works well for couples who have simply grown apart over time.
6. Mental Hospital Confinement
If your partner has been in a mental health facility for at least three years and doctors think they won't get better or have a high risk of relapse, you can ask for a divorce. Courts try to be understanding in these cases, so judges have to balance being kind with being practical if the institutionalized spouse can't help make decisions about kids or property. This ground mostly affects child custody and guardianship of the institutionalized spouse.
Why Do Grounds Matter?
Even though many Texas divorces don't need a fault-based ground, the ground you pick can change things. If a judge finds that your spouse did something wrong—like cheating, abuse, or abandonment—you might get more of the shared property or avoid paying support to your ex-spouse.
In divorces with children, specific fault-based reasons—such as cruelty or felony conviction—can also have an impact on the judge's decision about custody and parenting time structure. The court will always prioritize the child's best interests, but your selected grounds can influence that.
Conclusion
Picking the right reason for divorce involves more than just ticking a box—it's about safeguarding yourself and your future. It can be a strategic decision, and whether you are considering a no-fault or a fault-based divorce in Texas, it’s important to understand how your chosen grounds can affect the outcome of your case. Consulting with an experienced family law attorney can be helpful to help you evaluate your circumstances, gather the necessary documentation or evidence, and help you approach the process in a way that protects your rights and long-term interests.