The 7 Grounds for Divorce in Texas (And When Fault Matters)

• Insupportability (§6.001) — the no-fault ground: discord or conflict of personalities that destroys the marriage. No proof of wrongdoing needed; the other spouse cannot block it. See is Texas a no-fault state?
• Cruelty (§6.002) — willful, persistent infliction of unnecessary suffering, physical or emotional. Family violence findings supercharge this ground.
• Adultery (§6.003) — proven by direct or circumstantial evidence (texts, financial records, travel); includes affairs after separation.
• Felony conviction (§6.004) — spouse convicted of a felony, imprisoned at least 1 year, not pardoned (unavailable if the conviction rested on your testimony).
• Abandonment (§6.005) — left with intent to abandon and stayed away at least 1 year.
• Living apart (§6.006) — no cohabitation for at least 3 years.
• Mental hospital confinement (§6.007) — 3+ years of confinement with poor prognosis for recovery.

Texas divides community property in a "just and right" manner — not automatically 50/50. Proven fault is one of the strongest factors pushing a division to 55/45, 60/40, or beyond, especially when the misconduct drained community funds (an affair financed with marital money supports a waste/fraud claim and reimbursement). Cruelty and family-violence findings also affect conservatorship (§153.004) and open the door to spousal maintenance.

The practical playbook in Ector and Midland County courts: plead insupportability plus the fault grounds you can credibly prove; use fault evidence as settlement leverage; and drop it at trial only if the cost of proving it exceeds the gain. Fault does not waive the 60-day waiting period and rarely speeds up the case. Wondering what happens at the hearing itself? Read what questions are asked at a divorce hearing. Consultation: (432) 366-6000.