Grounds for Divorce

Texas is a no-fault divorce state. Fault is not assigned to either party in a Texas divorce. Instead there are seven grounds for divorce in Texas: (1) insupportability, (2) cruelty, (3) adultery, (4) conviction of a felony, (5) abandonment, (6) living apart, and (7)confinement in a mental hospital.

(1) If a marriage can no longer continue because of differences that cannot be resolved it is considered insupportable.

(2) A marriage may be ended if a spouse is guilty of what is considered to be "cruel treatment to the extent that it is no longer feasible to live together.

(3) A marriage may also be ended if a spouse is known to have committed adultery.

(4) Conviction of a felony and imprisonment for at least one year in any state or federal prison is grounds for divorce provided that your testimony was not used in court to convict your spouse.

(5) You may sue for divorce your spouse leaves you with the intention of abandoning you and has remained away for at least one year.

(6) A divorce may be granted if you and your spouse have lived apart without any form of cohabitation for at least three years.

(7) Finally, if the spouse is confined to a state or private mental hospital for these three years a judge may grant a divorce based on the fact that the mental disorder is not likely to get better or that if it does a relapse may be probable.

Grounds (Divorce) in Texas Law

Family Code


court sanctioned reasons for grounds for divorce.

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