In Texas, an insupportability divorce means that one or both spouses have decided that divorce is the best option.
Specifically, insupportability divorce refers to situations in which neither party wants the marriage to continue, but other reasons for the divorce do not apply. Insupportability is commonly referred to as “no-fault” divorce.
Despite being easily misunderstood, insupportability is the most commonly used ground for divorce in Texas. Still, clients frequently ask us, What is insupportability in a divorce? So if you have this same question, you are not alone.
Navigating a divorce is never easy. Even where both parties agree that the marriage should end, the process is often emotional and stressful.
While it might sound complicated, having a divorce lawyer can make the process much easier.
If you have questions about insupportability of divorce in Texas and whether this might be an option for you, give our team a call. The Larson Law Office will be in your corner and can ensure you have the support you need.
What Does Insupportability Divorce in Texas Mean?
Texas Family Code Section 6.001 states that courts may grant a no-fault divorce in certain situations.
Specifically, a no-fault, or insupportability divorce, is possible if one or both parties to the divorce file a petition stating that 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.”
Many states have similar provisions in their divorce statutes and say the divorce is on grounds of “irreconcilable differences” or “incompatibility.” Despite the different wording, all these grounds for divorce mean essentially the same thing.
The concept of no-fault divorce means that neither party is responsible for any particular misconduct that caused the marriage to end. Rather, the parties simply no longer believe that being married to each other is in their best interests.
How Do You Prove That You Qualify for Insupportability Divorce in Texas?
If you’ve never gone through a divorce before, the statute describing insupportability of divorce may sound complex.
However, the court does not require extensive evidence to establish that your marriage qualifies for divorce on the grounds of insupportability.
Typically, the court will ask both parties if the marriage has become insupportable because of a discord or conflict of personalities that destroys the legitimate ends of the marriage relationship and that there is no reasonable prospect of reconciliation.
As long as you answer yes, the court should grant your divorce in most cases.
Are There Other Grounds for Divorce?
Importantly, insupportability divorce is not the only grounds for divorce in Texas. Thus, it may not be the best option for all situations.
Texas also allows parties to seek a fault-based divorce. In fact, fault-based divorces occurred with much more frequency before no-fault divorces existed.
In a fault-based divorce, the wronged party files the divorce petition based on misconduct committed during the marriage that led to the breakdown of the relationship.
Examples of grounds for a fault-based divorce in Texas include:
For fault-based divorces, the court requires proof of the alleged misconduct. Additionally, in the rare circumstances in which parties do obtain a fault-based divorce, the court may award the wronged party with a larger portion of the marital estate in the divorce.
Is an Insupportability Divorce in Texas the Right Option for Me?
Again, insupportability of divorce in Texas may not be available in all situations. If there has been some sort of misconduct by either party or if either party strongly contests ending the marriage, you might want to consider other options.
However, it is important to note that an at-fault divorce will usually take longer to resolve than an insupportability divorce in Texas. This is one of the advantages of proceeding with a no-fault divorce.
If you aren’t sure whether an insupportability divorce is a right option for you, don’t hesitate to reach out to our team of Texas divorce attorneys.
The Larson Law Office: Your Texas Divorce Attorneys
Going through a divorce is never easy. But that doesn’t mean that it’s not necessary at times.
Whatever the case may be, our Texas divorce attorneys are here to help you through this complicated and emotional time.
At The Larson Law Office, we pride ourselves on providing thorough, realistic, and honest assessments of our client’s situations. We will be right there with you at every step along the way to answer your questions and to represent your interests regarding property and children issues.
With our years of experience providing valuable services to our clients, we are confident that we have what it takes to help you through your Texas insupportability divorce needs too. Contact us today to discuss your case and see what we can do for you.