Divorce laws in Texas have evolved significantly over the years, moving away from the traditional fault-based system towards a more flexible approach that acknowledges the changing dynamics of modern relationships. In this article, we’ll delve deeper into the grounds for divorce in Texas, highlighting the shift from fault-based to no-fault divorce options, specifically focusing on the concept of “insupportability” and other grounds recognized by the Texas Family Code.
Traditionally, obtaining a divorce in Texas required individuals to establish legal grounds based on fault. This meant that a party seeking a divorce had to demonstrate that their spouse was at fault for the failure of the marriage, citing specific categories defined by the state’s lawmakers. Fault-based divorce laws were stringent and often required evidence of wrongdoing, making it challenging for couples who simply wanted to end their marriage without assigning blame.
In contemporary Texas family law, a significant change has taken place. The concept of “no-fault divorce” has been introduced, which means that couples can now seek a divorce without having to prove fault or fit into specific categories. The primary ground for no-fault divorce in Texas is “insupportability.” This shift in legal perspective recognizes that marriages can break down for various reasons, not necessarily rooted in one party’s fault. The inclusion of insupportability as a ground for divorce has simplified the divorce process and made it more accessible for couples wishing to part ways amicably.
Insupportability is the most common ground for divorce in Texas. It implies that the marriage has become insupportable due to discord or conflict that cannot be resolved, making the continuation of the marriage untenable. Unlike fault-based grounds, insupportability does not require proof of misconduct or specific reasons for seeking a divorce. This ground offers a straightforward path for couples who have mutually decided to end their marriage without placing blame on either party.
While insupportability is the primary no-fault ground for divorce in Texas, there are still several fault-based grounds recognized by the Texas Family Code. These include:
1. Cruelty: This ground involves demonstrating that one spouse has subjected the other to cruel treatment or behavior that makes living together intolerable.
2. Adultery: Adultery, which refers to one spouse engaging in a sexual relationship outside of the marriage, remains a fault-based ground for divorce in Texas.
3. Conviction of a Felony: If one spouse has been convicted of a felony and is imprisoned for at least one year, the other spouse can use this as grounds for divorce.
4. Abandonment: Abandonment occurs when one spouse leaves the other without their consent and has been absent for at least one year.
5. Living Apart: If spouses have been living apart for at least three years, it can serve as a ground for divorce, even if neither party is at fault.
6. Confinement in a Mental Hospital: If one spouse has been confined in a mental hospital for at least three years and it is unlikely that they will recover, this can be a ground for divorce.
While no-fault divorce based on insupportability is the preferred option for many couples seeking an amicable separation, there are situations where fault-based grounds might still be relevant. For instance, instances of cruelty or abandonment might have a significant impact on property division or child custody arrangements. Therefore, it’s essential to consult with legal professionals who can advise on the most appropriate grounds to plead in your Petition for Divorce, considering the unique circumstances of your case.
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.
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 our San Antonio divorce lawyers and our Dallas divorce lawyers. Let us make a positive difference in your life.
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