The short version
- Texas allows no-fault divorce — “insupportability” — with no blame required.
- There are six at-fault grounds, and proving one can mean a larger share of the community estate.
- You carry the burden of proof: pictures, texts, and witnesses — more than just your word.
- Judges and juries have wide discretion, so weigh the cost of proving fault against what you’d actually gain.
Texas lets you end a marriage without blaming anyone. The petition simply states the marriage has become “insupportable” — the legal way of saying it isn’t working out. For many people, that’s the whole answer. For some, it isn’t.
The six at-fault grounds
The lawTexas Family Code §§ 6.001–6.007 — insupportability, plus the six fault-based grounds for divorce.- Adultery — cheating.
- Cruelty — physical and/or mental abuse.
- Felony conviction — your spouse was imprisoned for a year or more, as long as they weren’t convicted on your testimony.
- Abandonment — for one year or more.
- Living apart — voluntarily, for three years or more.
- Confinement in a mental hospital — for three years or more, without likelihood of release.
Why list a reason at all?
Because fault can move money. When you allege an at-fault ground, you’re arguing that because of your spouse’s wrongful actions, you’re entitled to a larger share of the community estate than the default split.
You also take on the burden of proving it — by a preponderance of the evidence, which means convincing the judge or jury that it’s more likely than not. That generally requires more than your word: pictures, texts between you and your spouse discussing the incidents, or witness testimony are enormously helpful.
Why you might not bother
An honest caveat from our own FAQ: in 2020s America, proving adultery simply doesn’t raise many eyebrows, and a judge isn’t likely to award a dramatically bigger share of the estate even after you spend the time, money, and emotional energy to prove it. Whoever decides your case — judge, jury, or arbitrator — has a very wide range of discretion, which makes exact outcomes hard to predict.
This is exactly the conversation to have in a free consultation: a fair assessment of your claims, your spouse’s claims, and whether fault is worth pursuing in your case. You can read our family law practice page for how we approach negotiation — and what happens when the other side won’t be reasonable.
This article is for general information only. It does not guarantee a particular result in any given case and is not intended to create an attorney-client relationship. Dalworth Legal always advises talking to an attorney about your unique situation before moving forward in a lawsuit.
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