Grounds for Divorce in Texas: No-Fault and Fault Options

Texas lets you end a marriage without blaming anyone. Most divorces here proceed on no-fault grounds, and for many couples that is the right and simplest choice. But Texas has not abolished fault — it keeps a list of fault grounds that, when they apply and can be proven, may influence how the court divides property and decides other issues. Choosing what to plead is a strategic decision, not a formality.

No-fault is the default, but fault still matters

You do not have to prove wrongdoing to divorce in Texas. But pleading and proving a fault ground can affect the just-and-right division of property, so the choice has real consequences.

The No-Fault Ground: Insupportability

The overwhelming majority of Texas divorces are granted on the ground of insupportability — that the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage with no reasonable expectation of reconciliation. In plainer terms: the marriage is broken and cannot be fixed. Neither spouse has to prove the other did anything wrong, and one spouse’s desire to end the marriage is generally enough; the other cannot force the marriage to continue.

The Fault Grounds Texas Retains

Texas law still recognizes several fault-based grounds. The ones most often seen include:

  • Cruelty — treatment that renders living together insupportable.
  • Adultery — voluntary sexual relations with someone other than the spouse.
  • Abandonment — leaving with the intent to abandon and remaining away for a required period.
  • Conviction of a felony — subject to specific statutory conditions.
  • Living apart — without cohabitation for a required period.
  • Confinement in a mental hospital — under specified conditions.

Each ground has specific elements and proof requirements. Some require corroboration; some have durational components. Whether the facts of your marriage support a fault ground is a question to work through with your attorney.

Why Plead Fault at All?

If no-fault is available to everyone, why would anyone allege fault? Because in Texas the division of the community estate need not be equal — it must be just and right, and the court can consider a range of factors in reaching a disproportionate division. Fault in the breakup of the marriage can be one of those factors. A spouse who can prove adultery or cruelty may, in some cases, receive a larger share of the community estate. Fault can also bear on other issues in the case.

This connects directly to property division: the grounds you plead and the division you seek are part of one strategy, not separate decisions.

The Tradeoffs of Alleging Fault

Pleading fault is not free. It must be proven with evidence, which can mean a more contentious, more expensive, and more invasive case — and the potential benefit to the property division is discretionary, not guaranteed. Many spouses who could allege fault choose not to, concluding that a clean no-fault divorce serves them better than a fight over blame. Others find that the facts and the stakes justify it. The right answer depends on what can be proven and what is at stake, which is exactly the kind of judgment an experienced attorney helps you make.

Frequently Asked Questions

No. Texas allows no-fault divorce on the ground of insupportability, meaning the marriage is broken with no reasonable expectation of reconciliation. One spouse’s wish to end the marriage is generally enough, and the other spouse cannot force it to continue.

Filing first does not by itself determine the outcome, but it can carry practical advantages, such as setting the initial framing of the case and, in some situations, the timing of temporary relief. It is one of several early strategic considerations to discuss with your attorney.

It can, but it is not automatic. Texas requires a just and right division, which can be unequal, and fault in the breakup is one factor a court may weigh toward a disproportionate division. Adultery must be proven, and whether it ultimately affects the division is within the court’s discretion.

Sometimes yes, sometimes no. Pleading fault requires proof and can make the case more contentious and expensive, while the benefit to the property division is discretionary. Whether the potential upside justifies the cost depends on what you can prove and what is at stake, which is a judgment to make with experienced counsel.

Not sure whether to file no-fault or allege fault?

The choice can affect your property division. Let’s look at what the facts support and what’s actually at stake in your case.

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This page provides general information about Texas law and is not legal advice for your specific situation. Reading it does not create an attorney-client relationship.