Texas law recognizes both “no-fault” and “fault” divorces. A no fault divorce is a divorce that is granted without the spouse who initiates the divorce having to allege and provide marital misconduct on the part of the other spouse. On the other hand, a fault based divorce is a type of divorce in which the spouse who initiates the divorce provides a very specific reason for the divorce such as cruelty, adultery, conviction of a felony, abandonment, living apart, or confinement in a mental hospital.

Reasons for choosing to do a “no fault” vs. a “fault” divorce is with fault divorces, if one party is at “fault” for the breakup of the marriage, the court may take that into consideration in determining what is an “equitable” division of the property. For that reason, the other spouse may want to plead fault grounds in their petition. Otherwise, insupportability would be the grounds for divorce for those opting to do a “no-fault” divorce. Declaring insupportability renders a finding of discord or conflict of personalities that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation.