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


If you want to related guideline confidentiality Texas Child Law experience, So you can better suggestions in What does Insupportability or No-Fault in a Texas Divorce Mean?

Houston Divorce Lawyer: 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

Divorce Lawyer in Houston: 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

Divorce Attorney Houston: 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 ... Continue Reading

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Location: 3707 Cypress Creek Pkwy Suite 400, Houston, TX 77068, USA

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