Grounds for Divorce in the State of Texas - Bineham & Gillen

UncategorizedGrounds for Divorce in the State of Texas

January 3, 2020by James Gillen

There are many reasons why couples decide to split-up, but in order to get a divorce in the state of Texas, the reason must fall under one of the seven grounds of divorce. The seven grounds for divorce in Texas include:

  1. Insupportability
  2. Living Apart
  3. Adultery
  4. Cruelty
  5. Felony Criminal Conviction
  6. Abandonment
  7. Confinement to a Mental Hospital

Knowing what is considered grounds for divorce in the eyes of the law can be difficult, so you can read this guide or set up a consultation with Bineham & Gillen today.

No-fault Divorces

In Texas, a divorce can fall under two categories: Fault or no-fault. Just as it sounds, no-fault divorce does not assign blame to either party. You will find this in divorces that fall under the grounds of insupportability and living apart.


Insupportablity, also known as irreconcilable differences, means that both parties in a divorce are in agreement that the marriage is no longer endurable. Both agree on the divorce. There must be an expectation that the parties will not get back together and there must be proof that the disagreement causing their divorce is too difficult to overcome. 

Living Apart

A divorce can be granted if the couple has been living separately for three years consecutively. The divorce can be granted without assigning fault to either party.

Fault Divorces:

The following grounds for divorce all assign fault to one of the parties in the divorce. 


Adultery is when a spouse has voluntary intercourse with someone who is not the husband or wife. You must be able to prove to the court that your spouse has been committing adultery. Photos, bank statements, receipts or other hard evidence your spouse is cheating will need to be shown in the courts if the spouse is not willing to admit they committed adultery. 


Cruelty in a marriage is when a spouse is willfully causing pain and suffering for the other spouse. Cruelty can be mental or physical, but it cannot be a trivial disagreement. The cruelty is usually persistent and makes couples living amiably together impossible.  

Felony Criminal Conviction

A divorce can be filled in the state of Texas if one spouse was convicted of committing a state or federal level felony, imprisoned for a minimum of one year, or if they have not been pardoned from the crime during the marriage. If the government used the spouse’s testimony in the criminal case, this ground does not apply. However, divorce can still be filed under different grounds. 


A divorce can be granted if the other spouse willfully left the spouse filing for divorce. The spouse who left must have left with the intent of abandonment and must have been away for a minimum of one continuous year. They must not have the intention to return to their spouse. 

Confinement to a Mental Hospital

In order to file for divorce under the grounds of confinement to a mental hospital, the spouse in question must have been confined to a mental hospital with three years or confined to a mental hospital with no sign of getting better. Additionally, a relapse can qualify this ground for divorce.  

If you’re not sure what grounds your divorce falls under, or you’re ready to start divorce proceedings, schedule a consultation with Bineham & Gillen law today.