Every divorce petition must state a legal reason, or “ground,” for ending the marriage. For most people in New Braunfels and Comal County, that ground is simply that the marriage no longer works. Texas also allows fault-based grounds, and choosing whether to plead one is a strategic decision a divorce attorney can help you make. Here is what each ground means and when it matters.
The Seven Grounds for Divorce in Texas
| Ground | Texas Family Code | What it means in plain terms |
|---|---|---|
| Insupportability | § 6.001 | The marriage has broken down due to conflict, with no reasonable expectation of reconciliation |
| Cruelty | § 6.002 | One spouse treated the other so cruelly that living together is insupportable |
| Adultery | § 6.003 | One spouse committed adultery |
| Felony conviction | § 6.004 | A spouse was convicted of a felony, imprisoned for at least one year, and not pardoned (with an exception if the other spouse’s testimony led to the conviction) |
| Abandonment | § 6.005 | A spouse left with the intent to abandon and stayed away for at least one year |
| Living apart | § 6.006 | The spouses have lived apart without cohabitation for at least three years |
| Confinement in a mental hospital | § 6.007 | A spouse has been confined in a mental hospital for at least three years, and the condition is unlikely to improve or likely to relapse |
No-Fault Divorce: Insupportability
Insupportability is used in the large majority of Texas divorces. Under § 6.001, the court may grant a divorce if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.
What that means in practice:
- You do not have to prove who caused the breakdown.
- Your spouse’s disagreement does not defeat the ground. One spouse’s testimony that the marriage cannot be saved is usually enough.
- It keeps the case focused on property and children, rather than blame.
Insupportability is why a spouse generally cannot stop a divorce by refusing to agree. See can a spouse refuse a divorce.
Fault Grounds Explained
Cruelty
Cruelty is treatment of one spouse by the other that makes living together insupportable. It can include physical abuse, but courts have also recognized patterns of serious emotional or verbal abuse. Minor arguments and ordinary unkindness are generally not enough. Evidence often includes testimony, texts, photographs, medical records and police reports. If family violence is involved, also see our page on protective orders.
Adultery
Adultery is voluntary sexual intercourse between a married person and someone other than their spouse. It can be proved with circumstantial evidence, but the evidence must be clear and positive, not mere suspicion. See our full page on adultery in a Texas divorce.
Felony conviction
A divorce may be granted if, during the marriage, the other spouse was convicted of a felony, has been imprisoned for at least one year in a state or federal prison, and has not been pardoned. This ground is not available if the conviction was based on the testimony of the spouse seeking the divorce.
Abandonment
Abandonment requires that the other spouse left the filing spouse with the intention of abandoning them and remained away for at least one year. A spouse who moved out but stayed in contact, or who left by agreement, may not meet this standard.
Living apart for three years
If the spouses have lived apart without cohabitation for at least three years, either spouse may obtain a divorce on this ground. This is a fault-neutral ground. Our page on separation in Texas explains how living apart affects a marriage.
Confinement in a mental hospital
This ground applies when a spouse has been confined in a state or private mental hospital for at least three years and it appears the condition is unlikely to improve or, if it does, a relapse is probable. These cases often involve additional protections for the confined spouse.
Why Plead Fault?
If insupportability is enough to get divorced, why would anyone plead fault? The main reason is property division. Texas courts divide the community estate in a “just and right” manner, which does not have to be equal. Fault in the breakup of the marriage is one of several factors a court may consider, along with differences in earning capacity, health, the size of separate estates, and waste or fraud on the community.
Fault may also be relevant to:
- Spousal maintenance, where marital misconduct can be considered in deciding the amount and duration
- Reimbursement or fraud claims, such as when community money was spent on an affair
- Conservatorship, but only when the conduct affects the children
The Downside of Pleading Fault
Fault grounds can increase the cost, length and emotional intensity of a divorce. Proving fault usually requires evidence and testimony, and it can make settlement harder. A fault claim may also invite counterclaims. Many spouses find it more effective to plead fault as leverage and then settle, or to focus on the financial consequences, such as money spent on an affair, rather than blame itself.
Grounds and Your Comal County Divorce
Whatever ground you plead, the basic requirements stay the same: residency in Texas for six months and in the county for 90 days, filing with the district clerk in Comal County or the correct neighboring county, and the 60-day waiting period. In an agreed case, the parties usually rely on insupportability alone, which keeps the final hearing short. In a contested case, deciding whether to plead fault is part of building your overall strategy. Learn more on our contested divorce page.
Talk With a New Braunfels Divorce Attorney
Choosing the right ground can affect both the cost of your case and the outcome. Our family law team serves New Braunfels, Comal County and nearby counties, and we can help you weigh whether fault is worth pursuing. Call (830) 302-4071 for a free consultation. Se habla español.
Frequently Asked Questions
Is Texas a no-fault divorce state?
Texas allows no-fault divorce on the ground of insupportability, so you do not have to prove wrongdoing. Texas also keeps six fault grounds, which some spouses plead because fault can affect how the community estate is divided.
Do I need my spouse's agreement to use insupportability?
No. Insupportability requires only that the marriage has become insupportable because of discord or conflict that has destroyed the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation. Your testimony is usually enough.
Does proving fault get me more property?
It can, but it is not automatic. Texas courts divide the community estate in a just and right manner and may consider fault among other factors. Whether pleading fault is worth the added cost and conflict depends on the evidence and what is at stake.
Does fault affect custody?
Custody decisions are based on the best interest of the child. A spouse’s misconduct matters for custody only to the extent it affects the children, such as family violence, substance abuse or exposing children to harmful situations.
Can I plead more than one ground?
Yes. Petitions commonly plead insupportability and, where supported by facts, one or more fault grounds in the alternative. The court can grant the divorce on any ground that is proved.
Last reviewed November 13, 2026. General information only, not legal advice.