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Legal Grounds For Divorce In Texas

Historically, individuals needed legal grounds based on fault in order to obtain a divorce in Texas.  That meant that people could not get a divorce based solely on the desire to end the marriage.  One party had to be at fault for the marriage failing, and that fault had to fit into a specific category determined by the lawmakers.

What Has Changed?

Today, this is no longer true.  There is a no-fault divorce option in Texas, meaning you CAN get divorced if you choose that you want to without having to fall into a specific category of circumstances.  “Insupportability” is now included as a ground for divorce in the Texas Family Code, being the option that does not require any proof of fault or specific reason for needing a divorce.

Grounds of Insupportability

Many divorces are obtained on the grounds of “insupportability.”  The other current grounds for divorce are cruelty, adultery, the conviction of a felony, abonnement (for at least one year), living apart (for at least three years), and confinement in a mental hospital (for at least three years).  Now that there is the no-fault option of insupportability, marriages are often dissolved based on insupportability even if there has been adultery, living apart, etc.  If the parties decide it is best to resolve the case amicably rather than assigning fault, the divorce will be granted on the grounds of insupportability.

No matter what the grounds are, the court will divide the marital property and impose a child custody order as appropriate.  In some cases, it still might be appropriate to allege fault grounds.  For example, the cruelty or abandonment of the other spouse might be considerable enough to affect how property should be divided or how the children’s time with each parent is allocated.  Give us a call to discuss whether it is appropriate to plead grounds other than insupportability in your Petition for Divorce.

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Marie McGrath
Managing Attorney
San Antonio, TX

San Antonio divorce lawyer Ava Louviere

Ava Louviere
Associate Attorney
San Antonio, TX

San Antonio family law attorney Hannah Soliz

Hannah Soliz
Associate Attorney
San Antonio, TX

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J. Riggs
Associate Attorney
Austin, TX

Modern Family Law

Modern Family Law’s team of experienced Texas divorce lawyers takes a compassionate approach to the practice of family law. Using innovative technology to create an effective and efficient process for our clientele, our attorneys approach each case as a collective effort to find the best long-term solutions for each family. For more information please give us a call or fill out a short form online to sign up for a free consultation today! Learn about our Austin divorce lawyers and our San Antonio divorce lawyers. Let us make a positive difference in your life.

Posted April 29, 2022

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