What Are the Legal Grounds for Divorce in Texas?

Divorce touches every corner of life, so it is normal to feel worried and even a bit lost. The law sets out plain reasons why a judge can end a marriage, and knowing those reasons brings some clarity. 

Since 2014, Jackman Law Firm has focused on results that move families forward, one careful step at a time. In this guide, we break down the recognized legal grounds for divorce in Texas, in plain language you can use.

We handle these cases with care and respect for your story. You deserve answers that feel basic and honest. Let’s walk through the rules that matter most in your case.

Residency Requirements and the Mandatory Waiting Period

Before a judge signs final papers, Texas asks for a basic link to the state and a short pause. These rules apply to almost every case, whether contested or agreed.

State and County Residency Rules

Under Texas Family Code 6.301, at least one spouse must have lived in Texas for the six months before filing. You also need 90 days of residency in the county where you file the case. This gives the court power to handle your divorce.

Military families get a small break. Time spent outside Texas while on duty counts if Texas is your home state or domicile. That rule helps families who move often for service.

Here is a quick checklist you can use before filing:

• One spouse lived in Texas for at least six months before filing.
• One spouse lived in the filing county for at least 90 days.
• For service members, time out of state can count if Texas remains the home state.

If you meet those points, your case can usually move forward in a Texas court.

The 60-Day Waiting Period

Texas Family Code 6.702 sets a minimum 60-day waiting period starting on the filing date. Judges use this time to allow for reflection, safety planning, and settlement talks. Many uncontested cases finalize shortly after day 60 if all paperwork is ready.

The law creates exceptions where safety is at stake. If family violence led to a conviction, deferred adjudication, or if a current protective order is in place, the court can waive the wait. Those cases move faster to reduce risks at home.

No-Fault Divorce Grounds in Texas

Texas allows you to end a marriage without blaming the other spouse. These no-fault options can lower the temperature in a case and help both sides focus on realistic solutions.

What is a No-Fault Divorce?

No-fault means you do not have to prove misconduct. You tell the court the marriage cannot continue, and the case can proceed on that basis. This path often makes settlement talks simpler.

Insupportability

Texas Family Code 6.001 refers to this ground as insupportability. Many people think of it as irreconcilable differences. It applies when a personality conflict destroys the marriage, and there is no reasonable chance of getting back together.

Courts accept this ground with brief testimony. You do not need to bring in witnesses or private messages. If both sides agree on the terms, paperwork often goes more smoothly.

Living Apart

Under Texas Family Code 6.006, living apart supports a divorce if spouses have lived separate and apart without cohabitation for at least three years. Even short periods of moving back in can reset the clock. This ground fits couples who quietly separated long ago.

Confinement in a Mental Hospital

Texas Family Code 6.007 applies if one spouse has been confined in a mental hospital for at least three years. It must look unlikely that the spouse will adjust, or that a relapse is very likely. Courts review medical records and treatment histories to make this call.

Fault-Based Divorce Grounds in Texas

Fault grounds place responsibility for the breakup on one spouse. Filing on fault can affect property division and support, so evidence matters a lot here.

Defining Fault in a Texas Divorce

In a fault case, the filing spouse must present proof of the other spouse’s misconduct. Texts, photos, police reports, medical records, and witness statements can support the claim. The standard is a preponderance of the evidence, which means more likely than not.

Cruelty

Under Texas Family Code 6.002, cruelty is willful and persistent treatment that makes living together insufferable. This can include physical abuse, threats, stalking, or conduct causing severe emotional distress. Judges look at patterns and how the treatment affected daily life.

Common examples include:

• Physical assaults, strangulation, or threats of harm
• Harassment that causes sleep loss, anxiety, or fear at home
• Coercive control, like isolating a spouse from family or taking all the money

These facts, when proven, can shift both safety orders and outcomes.

Adultery

Texas Family Code 6.003 defines adultery as voluntary sexual intercourse with someone outside the marriage. Direct proof is rare, so courts accept circumstantial proof that points plainly to an affair. Hotel receipts, intimate messages, and credible witness accounts often carry weight.

Useful evidence can include:

• Financial records showing gifts, travel, or secret accounts tied to a third party
• Social media posts or messages that reveal an intimate relationship
• Photos, videos, or admissions in writing

Stronger proof can support a larger share of the marital estate for the innocent spouse.

Felony Criminal Conviction

Texas Family Code 6.004 covers cases in which a spouse is convicted of a felony, imprisoned for at least 1 year, and not pardoned. This ground cannot be used if the conviction rests only on the testifying spouse’s statement. Court records and sentencing documents are usually enough to prove this ground.

Abandonment

Under Texas Family Code 6.005, abandonment requires proof that a spouse voluntarily left with the intent to abandon and remained away for at least one year.

Occasional texts or quick visits do not fix the problem if the spouse never truly returns. Courts look at conduct that shows an obvious intent to end the marriage.

The chart below organizes the most common grounds with the basic legal test. Use it as a quick reference as you plan your next steps.

Every case is different, yet this table gives a helpful snapshot. We can walk you through how these rules apply to your facts.

The Impact of Legal Grounds on Divorce Outcomes

Grounds affect more than the label on your petition. They can influence money, parenting time, and safety orders in very real ways.

Community Property Division

Texas is a community property state, and judges divide property in a way that is just and right. Fault can push the court toward a larger share for the wronged spouse. The size of that shift depends on how strong the proof is and how serious the conduct was.

Courts often weigh factors such as:

• Relative earning power and financial needs of each spouse.
• Waste, hiding of assets, or use of funds tied to an affair.
• Length of the marriage and contributions at home or in a business.

Bring complete financial records; clean documents help the judge make a fair decision.

Spousal Maintenance and Child Custody

Family violence or severe cruelty can open the door to spousal maintenance and can change the amount or length. Judges also shape child conservatorship and visitation, prioritizing the child’s safety. A history of abuse can lead to restricted visitation, supervised time, or protective measures.

Parents who act in good faith tend to do better in court. That means showing up, following orders, and keeping the child out of adult conflicts. Small steps like steady communication and a calm schedule help your case.

Defenses to Divorce Grounds

Fault claims do not go unchallenged. Texas law recognizes limited defenses that can blunt or defeat a fault allegation.

The Defense of Condonation

Texas Family Code 6.008 defines condonation as forgiveness of the complained-of act, with a reasonable expectation of reconciliation. 

If spouses resume living together after the misconduct, the court may treat the conduct as forgiven, unless the behavior recurs. Old defenses, such as recrimination, are no longer recognized under Texas law.

If you face a fault claim, keep messages, calendars, and proof of counseling or attempts to reconcile. These details can support a defense that the conduct was forgiven, as claimed, or that it was not.

Facing a Divorce in Texas? Jackman Law Firm Can Help.

At Jackman Law Firm, we stand up for shared parenting, fathers’ rights, and fair treatment for every client. We listen first, then build a plan that fits your goals and protects your kids. If you want direct answers and strong advocacy, reach out today.

We welcome your questions and would be glad to talk through the next steps. Feel free to call us at 346-241-3342 or visit our contact page to schedule a consultation. A short call can bring real peace of mind and help you move forward with confidence.