Potential clients that come to see us who have been served with
divorce paperwork often ask us “what is “insupportabilty”?
Insupportability Under the Texas Family Code
The Texas Family Code section 6.001 says “"On the petition of
either party to a marriage, the court may grant a divorce without regard
to fault if the marriage has become insupportable because of discord or
conflict of personalities that destroys the legitimate ends of the marital
relationship and prevents any reasonable expectation of reconciliation”
No Fault Divorce
One potential client told me “that is clear as mud what does insupportability
The most common way to obtain a
Texas divorce is to file under the grounds of insupportability. Insupportability means
“discord or conflict of personalities” that has prevented
any “reasonable expectation of reconciliation.”
Most states in the United States have laws for granting a
no-fault divorce. Some states call this ground "irreconcilable differences" or
"incompatibility." In Texas our no fault ground is insupportably.
no fault divorce means that a divorce can be granted to the spouse requesting a divorce
without them having to prove that their spouse was at fault for the breakup
of the marriage.
A spouse seeking the divorce on the ground of insupportability must still
prove that the marriage is insupportable.
However, this is done by simply giving testimony usually in the form of
saying “yes” when their attorney asks if:
“Has the marriage has become insupportable because of a discord or
conflict of personalities that destroys the legitimate ends of the marriage
relationship” with “no reasonable prospect of reconciliation?”
In Texas it is not required that you show:
- the nature of the conflict
- any effort to fix it or
- who is at fault
Fault - Based Divorce in Texas
It is no longer necessary to plead fault in a divorce. However, you can
still state specific grounds under section 6 of the Texas Family Code
for ending your marriage, including:
- living apart
- confinement in a mental hospital
- Conviction of a felony and
A court may give more of the community property to the "innocent"
fault is proven in divorce.
Is Marriage Counselling Required in Texas?
There is a provision for counseling in the Family Code however, there is
no legal duty to reconcile in Texas.
If a spouse wants to be divorced, there will be a divorce. A spouse can
slow down the process but ultimately it will happen.
If you want to know more about what you can do,
CLICK the button below to get your
“16 Steps to Help You Plan & Prepare for Your Texas Divorce”
Other Articles you may be interested in:
- Common Law Marriage and Texas Divorce Guide
- How to get a Common Law Divorce in Spring, Texas
- Am I Married? - Marital Status in Texas
- Can I sue my spouse's mistress in Texas?
- When is, Cheating Considered Adultery in a Texas Divorce?
- 6 things You Need to Know Before You File for Divorce in Texas
Law Office of Bryan Fagan | Houston, Texas Divorce Lawyers
The Law Office of Bryan Fagan routinely handles matters that affect children
and families. If you have questions regarding
divorce, it's important to speak with one of our
Houston, TX Divorce Lawyers right away to protect your rights.
divorce lawyers in Houston TX are skilled at listening to your goals during this trying process and
developing a strategy to meet those goals.
Contact Law Office of Bryan Fagan by calling (281) 810-9760 or submit your contact information in our online
form. The Law Office of Bryan Fagan handles
Divorce cases in Houston, Texas, Cypress, Klein,
The Woodlands, the FM 1960 area, or surrounding areas, including
Fort Bend County and