Bottom Line Up Front: While Texas is primarily known as a no-fault divorce state, it recognizes seven specific grounds for fault-based divorce that can significantly impact property division, spousal support, and child custody. Understanding these grounds—particularly the lesser-known ones like confinement in a mental hospital and living apart for three years—can be crucial for Houston-area residents navigating divorce proceedings.

Understanding Texas Divorce Law Framework

Texas operates under a dual system that allows both no-fault and fault-based divorces. While most couples opt for no-fault divorce citing “insupportability” (irreconcilable differences), fault-based divorce can provide strategic advantages in certain circumstances, particularly regarding asset division and spousal support determinations.

The Seven Fault-Based Grounds for Divorce in Texas

Well-Known Fault Grounds

1. Cruelty

The court may grant a divorce if one spouse is guilty of cruel treatment that renders further living together insupportable. This encompasses both physical and emotional abuse, requiring documentation such as police reports, medical records, witness testimony, and threatening communications.

2. Adultery

In Texas, any extra-marital relationships occurring even after filing for divorce can still be considered adultery until the divorce is finalized. Evidence includes circumstantial proof like hotel receipts, photographs, surveillance footage, text messages, emails, and private investigator documentation.

3. Felony Conviction

If your spouse has been convicted of a felony during the marriage and spent at least one year in state or federal prison, this constitutes grounds for divorce. The spouse must not have been pardoned, and the conviction cannot be based on the petitioning spouse’s testimony.

4. Abandonment

When one spouse leaves with the specific intent to abandon and has been away for at least one year, the abandoned partner may file for divorce on these grounds.

Lesser-Known Fault Grounds

5. Living Apart for Three Years

The court may grant a divorce if spouses have lived apart without cohabitation for at least three years. This overlooked ground requires proof of:

• No cohabitation for the entire three-year period
• Physical separation with separate residences
• Documentation through lease agreements, utility bills, and witness testimony

This ground is particularly useful for couples who have been informally separated for an extended period without formally filing for divorce.

6. Confinement in a Mental Hospital

A divorce may be granted if one spouse has been confined in a state or private mental hospital for at least three years, and the mental disorder is of such severity that adjustment is unlikely or relapse is probable. Key requirements include:

• Minimum three years of confinement at time of filing
• Medical evidence that adjustment is unlikely
• Expert psychiatric testimony and hospital records

Important Protection: The court will appoint an attorney ad litem to represent the hospitalized spouse, and costs may not be charged against the confined spouse.

Strategic Implications of Fault-Based Divorce

Property Division Impact

Proving fault can result in disproportionate division of community property favoring the non-fault spouse. The Texas Supreme Court in Murff v. Murff outlined factors including fault in the dissolution as grounds for unequal asset distribution.

Spousal Support and Child Custody

Evidence of fault can influence spousal support amounts and child custody decisions. A spouse found guilty of adultery may receive less financial support, while felony convictions or domestic violence can significantly impact custody arrangements.

Houston and Harris County Specific Considerations

Harris County family law matters are handled by ten Family District Courts located at 201 Caroline St. Houston, TX 77002. Specific requirements include:

• Co-parenting courses for divorces involving children
• Financial Information Statements specific to Harris County
• Mandatory mediation prior to temporary orders hearings

Residency Requirements: At least one spouse must have lived in Texas for six months, and the filing spouse must have lived in Harris County for 90 days before filing.

Important Exception to the 60-Day Waiting Period

While Texas law generally requires a 60-day waiting period before a divorce can be finalized, there are critical exceptions for cases involving domestic violence. A waiting period is not required if the court finds that:

1. The respondent has been finally convicted of or received deferred adjudication for an offense involving family violence against the petitioner or a member of the petitioner’s household; or
2. The petitioner has an active protective order or an active magistrate’s order for emergency protection against the respondent because of family violence committed during the marriage.

This exception recognizes the urgent need to protect victims of domestic violence from prolonged legal proceedings.

Evidence Gathering Best Practices

Successful fault-based divorce requires compelling evidence. Common evidence types include:

• Medical records and expert testimony for mental health grounds
• Financial records for adultery claims involving community funds
• Police reports and witness statements for cruelty
• Correspondence and digital communications
• Professional surveillance documentation

Current Legal Developments

Despite being the most common type of divorce in Texas, there is a growing movement to end no-fault divorce in the state. In 2017, Texas state representative Matt Krause introduced a bill to abolish no-fault divorce, though it did not pass. The Texas Republican Party supports policies that would extend waiting periods and promote covenant marriages.

Get Expert Legal Guidance from a Board-Certified Family Law Attorney

Don’t navigate the complexity of fault-based divorce alone. Boswell Law Firm’s attorney is Board Certified in Family Law—a distinction achieved by less than 1% of Texas attorneys. With extensive experience in Harris County, Galveston County, and Brazoria County Family Courts, our firm understands the nuances of both well-known and lesser-known fault grounds that could significantly impact your case outcome.

Contact Boswell Law Firm today to schedule a confidential consultation with our Board Certified family law attorney. We’re here to protect your rights and guide you through every step of the process.