Divorcing couple sitting by moving boxes

The Grounds for Divorce in Your State

Divorce is a difficult decision that can have a major impact on your life. It's a decision that's often reached after prolonged contemplation of the marital situation. Before proceeding, you should understand the grounds for divorce in Texas. This blog post will examine the different grounds for divorce in Texas, and how they may impact the divorce proceedings.

Common Grounds for Divorce In Texas

No-Fault Divorce

The most common ground for divorce in Texas is a no-fault divorce. In this type of divorce, neither partner must provide evidence of the other’s fault for the marriage’s breakdown. It merely requires that couples declare that their union has become untenable because of overbearing disagreements and differences. A no-fault divorce is quicker, less stressful, and less costly than a fault-based one because nobody has to accuse the other of wrongdoing. In Texas, a no-fault divorce can be granted for various reasons, including insupportability.


Adultery, defined as voluntary sexual relations with someone other than the spouse, is recognized as fault-based grounds for divorce in Texas. Although Texas law requires proof of adultery to grant a divorce for this particular reason, there are other methods of providing such evidence whether it’s through showing your spouse’s text messages, witness statements, or hiring a private investigator.

Adultery may affect the division of property and child support payments. In some cases, the spouse who commits adultery may lose their right to spousal support.


In cases where there has been physical or emotional abuse, it is possible to cite abuse or cruelty as grounds for divorce. Abuse or cruelty is defined as physical violence, institutionalization for mental illness, or the false accusation of being mentally ill. If there has been a pattern of abuse, the courts may grant a restraining order against the abusive spouse.

It is strongly encouraged to contact a lawyer experienced in these types of cases to advise you on your rights and how to proceed with a strategy.


If your spouse abandons you or your family without providing financial support, you can petition the court for a divorce. Abandonment occurs when one spouse leaves the marital home without warning and with no intention of returning. The legal definition of abandonment requires a genuine intent not to return and continued absence for at least one year.

Texas Residency Requirements for Divorce

Under Texas law, you must have been a Texas resident for at least six months before filing for a Texas divorce. In addition, you must be a resident of the county where you are filing for the last 90 days. It's crucial to meet these requirements before proceeding with a divorce in Texas.

Contact Our Divorce Attorneys at Kutty Law Firm, PLLC

Navigating the grounds for divorce in Texas can be overwhelming, but with the right knowledge and guidance, you can make informed decisions and protect your interests. At Kutty Law Firm, PLLC, we specialize in divorce and family law, and our experienced attorneys are here to support you every step of the way.

Contact us today to schedule a consultation and let us help you navigate through this challenging time. (713) 955-7477