I have a couple friends going through a divorce right now. I know firsthand it can be a complex, emotional, rollercoaster process. The first step is knowing what is recognized as divorce in Texas. The legal grounds for filing are important for anyone considering taking this leap.

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According to a blog from Connatser Family Law, Texas recognizes several grounds for divorce, which are divided into two categories - "fault" and "no-fault". I know sometimes legal jargon can be a bit much, so let's break down these terms a little.



No-Fault Divorce in Texas

The most commonly found ground for divorce in Texas is a no-fault divorce. This means that the marriage can be ended without the need to prove any wrongdoing by either spouse. There a two key terms used in a no-fault divorce:

Insupportability: This means that the marriage has become insupportable due to a conflict of personalities or interests that destroys the legitimate marital relationship and blocks any reasonable chance of reconciliation.

Living Apart: Couples who have lived apart without cohabitation for at least three years can seek a divorce on these grounds alone.


Fault-Based Divorce in Texas

Fault-based divorces are where one spouse alleges and must prove that the other spouse’s misconduct led to the breakdown of the marriage. This is where things can get hairy. The recognized fault grounds in Texas are:

Cruelty: Cruel treatment by one spouse that makes further living together insupportable.

Adultery: Voluntary sexual intercourse of a married person with someone who is not their spouse.

Conviction of a Felony: If one spouse has been convicted of a felony, has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state, and has not been pardoned, this ground can be selected.

Abandonment: This is when one spouse has left the other with the intention of abandonment and remained away for at least one year.

Confinement in Mental Hospital: If a spouse has been confined in a state or private mental hospital for at least three years and it seems their mental disorder is of a degree that adjustment is unlikely or, if adjustment occurs, a relapse is probable, this ground may be cited.


Things are tough enough when going through a life-changing event. Understanding these grounds can help you navigate the legal course of divorce in Texas. It’s always a good idea to consult with a legal professional for specific advice regarding your circumstances.

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