Grounds for Divorce in Texas: Fault vs. No-Fault Explained

Austin, Travis County, Williamson County & Hays County Divorce Lawyer Guidance

Divorce is rarely simple, and one of the first legal questions many spouses ask is whether they must prove fault to obtain a divorce in Texas. Texas law recognizes both fault-based and no-fault grounds for divorce, and the choice between them can have meaningful consequences for property division, spousal maintenance, and overall case strategy.

At the Law Office of Jami K. Hale (Hale Family Law), we represent clients throughout Austin, Travis County, Williamson County, and Hays County in divorce and family law matters. Understanding your legal options at the outset is critical to protecting your rights and avoiding unnecessary conflict. This article explains the grounds for divorce in Texas, and the differences between fault and no-fault divorce.

Divorce in Texas: The Legal Framework

Texas is often referred to as a “no-fault divorce state,” but that description is incomplete. While Texas law allows spouses to divorce without proving misconduct, it also permits fault-based divorces when one spouse’s actions contributed to the breakdown of the marriage.

Under the Texas Family Code, a court may grant a divorce based on:

• A no-fault ground, or

• One or more fault grounds

Although the chosen ground does not affect whether a divorce will be granted, it can influence how courts in Travis, Williamson, and Hays counties evaluate property division and financial issues.

No-Fault Divorce in Texas: Insupportability

What Does “Insupportability” Mean?

The most common ground for divorce in Texas is insupportability, which is the statutory term for a no-fault divorce.

A marriage is considered insupportable when discord or conflict of personalities:

• Destroys the legitimate ends of the marital relationship, and

• Prevents any reasonable expectation of reconciliation

No proof of wrongdoing is required. Either spouse may testify that the marriage can no longer continue.

Why No-Fault Divorce Is Common in Austin and Central Texas

In our experience at Hale Family Law, the vast majority of divorces filed in Austin, Round Rock, Georgetown, Kyle, Buda, and San Marcos proceed on no-fault grounds. This is because no-fault divorce typically:

• Reduces litigation costs

• Minimizes hostility between spouses

• Avoids airing personal allegations in open court

• Allows for faster resolution

Even when misconduct exists, many clients benefit from filing on no-fault grounds unless fault will materially affect the outcome of the case.

Fault-Based Grounds for Divorce in Texas

Texas law also recognizes several fault-based grounds for divorce. These grounds must be proven and often require additional evidence, discovery, and court involvement.

Cruelty

Cruelty occurs when one spouse’s conduct makes living together insupportable. This may include:

• Physical abuse

• Emotional or verbal abuse

• Severe mental cruelty

Central Texas courts require credible evidence, and isolated incidents may not be sufficient unless particularly serious.

Adultery

Adultery involves voluntary sexual intercourse with someone other than one’s spouse during the marriage. While direct evidence is rare, adultery may be proven through circumstantial evidence.

Adultery can be relevant to:

• A disproportionate division of community property

• Claims of waste or misuse of marital assets

However, adultery does not automatically entitle a spouse to a greater share of property.

Abandonment

A spouse may file for divorce on the ground of abandonment if the other spouse:

• Left with the intent to abandon, and

• Remained away for at least one year

Temporary separations or leaving for safety reasons generally do not qualify.

Felony Conviction

A felony conviction may serve as grounds for divorce if:

• The conviction occurred during the marriage

• The spouse was imprisoned for at least one year

• The spouses did not resume living together afterward

  
  

Living Apart

If spouses have lived apart without cohabitation for at least three years, either spouse may file on this ground. This is rarely used in Central Texas due to the lengthy separation requirement.

Confinement in a Mental Hospital

This ground applies when a spouse has been confined for at least three years and recovery is unlikely or relapse is probable. These cases are uncommon and highly fact-specific.

How Fault Can Affect a Texas Divorce Outcome

Property Division

Texas is a community property state, but courts divide property in a manner that is “just and right,” not necessarily equal.

In Travis, Williamson, and Hays County divorce courts, fault may be considered when:

• One spouse’s misconduct caused the marriage to fail

• Community assets were wasted or hidden

• A spouse’s actions caused financial harm

An attorney at the Law Office of Jami K. Hale can evaluate whether alleging fault is likely to result in a favorable property division in your specific case.

Spousal Maintenance

Fault may also affect spousal maintenance, particularly in cases involving:

• Family violence

• Financial misconduct

• Extreme marital fault

Statutory eligibility requirements still apply, but fault can influence judicial discretion.

Child Custody and Conservatorship

Texas courts decide custody matters based on the best interest of the child. Marital misconduct, such as adultery, generally does not affect conservatorship unless it directly impacts parenting ability or child safety.

Judges in Central Texas are careful to separate marital issues from parental fitness.

Strategic Considerations: Choosing the Right Grounds

Deciding whether to file on fault or no-fault grounds should be a strategic legal decision, not an emotional one.

When No-Fault Divorce Makes Sense

• Lower cost and reduced conflict

• Faster resolution

• Greater likelihood of settlement

When Fault-Based Divorce May Be Appropriate

• Significant adultery or asset dissipation

• Family violence or safety concerns

• Strategic leverage in contested property cases

At Hale Family Law, we help clients assess whether fault allegations will meaningfully improve their legal position or unnecessarily increase litigation risk.

Residency and Venue Requirements in Central Texas

To file for divorce in Texas, at least one spouse must:

• Have lived in Texas for at least six months, and

• Have lived in the county of filing for at least 90 days

Common filing venues include:

• Travis County (Austin)

• Williamson County (Round Rock, Georgetown)

• Hays County (San Marcos, Kyle, Buda)

Filing in the correct county—and understanding local court practices—can affect how efficiently your case proceeds.

Why Local Experience Matters

Although divorce law is governed by the Texas Family Code, local court procedures and judicial preferences vary. Working with a lawyer familiar with Central Texas family courts can help you avoid delays, procedural errors, and unnecessary expense.

The Law Office of Jami K. Hale regularly represents clients in Travis, Williamson, and Hays County family courts and understands the practical realities of litigating and resolving divorce cases in this region.

Speak With an Austin-Area Divorce Attorney

If you are considering divorce in Travis County, Williamson County, or Hays County, it is important to understand your rights and options before filing.

To schedule a confidential consultation, contact the Law Office of Jami K. Hale (Hale Family Law) at 737-259-9755. We provide experienced, practical guidance tailored to Central Texas family law courts and work with clients to pursue efficient, legally sound resolutions.