Understanding Fault and No-Fault Divorce in Texas
If you’re considering divorce in 2025, it’s important to understand your legal options. In Texas, you can file for no-fault divorce or fault-based divorce—and knowing the difference can impact your case, especially in matters of child custody, spousal support, and division of property.
At The Eggleston Law Firm, we’ve helped countless families in Austin and across Central Texas navigate this critical decision. Here’s what you need to know.
What Is a No-Fault Divorce?
A no-fault divorce means that neither spouse is legally blamed for the breakdown of the marriage. The most common reason cited is “insupportability”, meaning the relationship has become unbearable due to conflict or discord with no reasonable expectation of reconciliation.
No-fault divorce is often the quicker, less contentious option—ideal when both parties agree that the marriage has run its course.
What Is a Fault-Based Divorce?
In contrast, a fault-based divorce requires one spouse to prove that the other’s behavior caused the marriage to fail. While this path can be more complex, it can influence the outcome of the divorce, especially in terms of property division and spousal maintenance.
7 Legal Grounds for Fault-Based Divorce in Texas
If you’re filing a fault-based divorce in Texas, the court will only grant it if your reason fits one of the state’s seven recognized grounds:
- Adultery – One spouse has cheated during the marriage.
- Cruelty – Persistent emotional or physical abuse that makes living together impossible.
- Abandonment – A spouse leaves with no intention to return and has been gone for at least one year.
- Felony Conviction – A spouse is convicted of a felony and imprisoned for at least one year.
- Confinement in a Mental Hospital – If a spouse has been institutionalized for at least three years with little or no chance of recovery.
- Living Apart – The couple has lived separately for three consecutive years without cohabitation.
- Insupportability – Can also be used as a no-fault ground when both parties agree the marriage can’t be saved.
If you’re unsure which category your case falls under, we can help you determine the best legal strategy during your consultation.
Residency Requirements for Divorce in Texas
Before filing for divorce, Texas requires:
- At least one spouse to have lived in Texas for the last six months, and
- To have lived in the county where you file for at least 90 days.
If you’re in the Austin area or surrounding counties, The Eggleston Law Firm is here to guide you through each step.
Speak with a Local Divorce Lawyer in Austin, TX
Whether you’re filing for no-fault divorce or pursuing a fault-based claim, you don’t have to navigate the process alone. At The Eggleston Law Firm, we offer compassionate, strategic legal counsel based on more than a decade of experience in Texas family law.
📞 Schedule Your Free Consultation Today
Let’s talk through your options and help you make informed decisions about your future.
Call us today at 512-580-7017 or contact us online.
FAQs About Divorce Grounds in Texas (FAQ)
No-fault divorce doesn’t require proving wrongdoing, while fault divorce does—and may affect outcomes like alimony or custody.
Yes, adultery is a legally recognized ground for fault-based divorce in Texas.needs.
No, but if you’ve lived apart for 3 years, it can be used as a fault ground for divorce.
A local divorce attorney can evaluate your case and advise whether a no-fault or fault-based filing makes more sense. complexity.
Ready to Speak with a Local Divorce Lawyer in Austin, TX?
Whether you’re filing for no-fault divorce or pursuing a fault-based claim, you don’t have to navigate the process alone. At The Eggleston Law Firm, we offer compassionate, strategic legal counsel based on more than a decade of experience in Texas family law.
Whether you’re in Austin, Round Rock, Cedar Park, or anywhere in Central Texas, The Eggleston Law Firm is your ally for navigating child custody changes with confidence.
👉 Schedule your free consultation now or give us a call. Let’s discuss your options and find the right solution for your family.
