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

Potential clients who 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 on the grounds of insupportability, which means “discord or conflict of personalities” that has prevented any “reasonable expectation of reconciliation.”

Most 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 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.

This is done by simply giving testimony, usually in the form of saying “yes” when their attorney asks if:

“Has the marriage 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

Other potential clients who come to see me have heard about no-fault divorce and believe that fault no longer matters in a Texas divorce.

Although it is no longer necessary to plead fault in a divorce in Texas, 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
  6. Adultery

A court may give more of the community property to the "innocent" spouse if fault is proven in divorce.

Prior to the passage of the “No Fault” statute, it was necessary to prove one of the above grounds for divorce had taken place before you could obtain a divorce. This is no longer the case.

In Texas, it is no longer possible to force a spouse to stay married. Now, if either spouse wants a divorce, they will be entitled to a divorce.

Is Marriage Counseling 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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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
  7. The Dirty Trick of Hiding Assets During Your Texas Divorce
  8. The Dirty Trick of Engaging in Spousal Starving During a Texas Divorce
  9. Know How Property and Debts are Divided, When Preparing for Your Texas Divorce
  10. How Much Will My Texas Divorce Cost?

Law Office of Bryan Fagan, PLLC | Spring Divorce Lawyer

The Law Office of Bryan Fagan, PLLC routinely handles matters that affect children and families. If you have questions regarding divorce, it's important to speak with ar Spring, TX Divorce Lawyer right away to protect your rights.

A divorce lawyer in Spring TX is skilled at listening to your goals during this trying process and developing a strategy to meet those goals. Contact Law Office of Bryan Fagan, PLLC by calling (281) 810-9760 or submit your contact information in our online form. The Law Office of Bryan Fagan, PLLC handles Divorce cases in Spring, Texas, Cypress, Spring, 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.

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