Grounds for Divorce in Texas

No-Fault: Insupportability

The most common ground for divorce in Texas is insupportability. Texas Family Code defines it as the marriage having become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage relationship with no reasonable expectation of reconciliation.

Using insupportability means neither spouse has to prove wrongdoing. It is the ground used in nearly all uncontested divorces prepared through DivorceReady, and it does not require proving fault or assigning blame.

Fault-Based Grounds

Texas also recognizes several fault grounds. Proving fault is more involved and usually requires evidence, so these are rarely used in simple uncontested cases. However, fault can be relevant because the court may consider it when dividing community property.

• •Cruelty — conduct that makes living together insupportable.
• •Adultery.
• •Conviction of a felony (imprisoned for at least one year, without pardon).
• •Abandonment — leaving with intent to abandon for at least one year.
• •Confinement in a mental hospital for at least three years with little prospect of recovery.
• •Living apart — spouses lived apart without cohabitation for at least three years.

Why Fault Can Matter for Property

Texas divides community property in a "just and right" manner, not strictly equally. One factor the court may weigh is fault in the breakup of the marriage. In practice this means a fault ground can theoretically shift the property division, but in most uncontested cases spouses agree on the division and the court accepts it without litigating fault.

Waiting Period Applies to All Grounds

Regardless of which ground you use, Texas requires a 60-day waiting period from the date the Original Petition for Divorce is filed before the court can grant the divorce. The ground you choose does not shorten this cooling-off period. See our Texas divorce waiting period guide for details.

Which Ground Should You Use?

For an uncontested divorce where both spouses agree on all terms, insupportability is almost always the simplest and least contentious choice. It avoids the need to prove or allege wrongdoing and keeps the case straightforward. Alleging fault can complicate an otherwise agreed case and is generally not recommended unless your specific situation and a Texas attorney advise it.

How DivorceReady Helps

DivorceReady prepares Texas divorce petitions using the no-fault insupportability ground for uncontested cases. We do not prepare fault-based petitions or advise on whether you should allege fault. If fault, family violence, or contested issues are involved, consult a licensed Texas family law attorney before filing.