To obtain a divorce in Texas, one spouse must plead at least one ground for divorce. The Texas Family Code allows seven different grounds upon which a divorce can be granted. There are two categories of grounds: fault and no-fault. The no-fault grounds for divorce are insupportability of the marriage due to discord or conflict with no reasonable expectation of reconciliation, living apart for at least three years, or if a spouse has been confined to a mental hospital for at least three years. Insupportability is the most common no-fault ground for divorce.
Fault grounds for divorce include cruelty, adultery, felony conviction and abandonment. If a spouse alleges fault grounds, he or she has the burden of proving that the opposing party is at fault for the breakup of the marriage.
