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What does Insupportability or No-Fault in a Texas Divorce Mean?

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 really mean?

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.

A 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:

  1. the nature of the conflict
  2. any effort to fix it or
  3. 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:

  1. living apart
  2. confinement in a mental hospital
  3. cruelty
  4. Abandonment
  5. Conviction of a felony and
  6. adultery

A court may give more of the community property to the "innocent" spouse if 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.

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If you want to know more about what you can do, CLICK the button below to get your FREE E-book: 16 Steps to Help You Plan & Prepare for Your Texas Divorce

Other Articles you may be interested in:

  1. Common Law Marriage and Texas Divorce Guide
  2. How to get a Common Law Divorce in Spring, Texas
  3. Am I Married? - Marital Status in Texas
  4. Can I sue my spouse's mistress in Texas?
  5. When is, Cheating Considered Adultery in a Texas Divorce?
  6. 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.

Our 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, Humble, Kingwood, Tomball, The Woodlands, the FM 1960 area, or surrounding areas, including Harris County, Montgomery County, Liberty County, Chambers County, Galveston County, Brazoria County, Fort Bend County and Waller County.

Categories: Divorce, Divorce Lawyer

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  • Frequently Asked Questions

    Our blog features a wealth of knowledge pertaining to some of the most frequently asked family law questions.

    Read More
  • Sign Up For Our Free E-Course

    Click here to sign up for our free E-Course on Divorce! It has been specifically created to help people who are considering divorce and wish to learn more about the divorce process

    Sign Up Now
  • Schedule Your Free Consultation Now

    Schedule a risk-free consultation today and we can assess your case.

    Book Now
  • Meet With a Finance Specialist

    Discuss payment plan options and more with a finance specialist.

    Get Started Now

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Law Office of Bryan Fagan
Spring Divorce Attorney
Located at: 17101 Kuykendahl Rd,
Houston, TX 77068
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Phone: (281) 810-9760
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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.