When you married your spouse, you probably thought you were in for a lifetime of love, affection, support and friendship. Unfortunately, though, marriages do not always last. If you are considering divorcing your spouse, you are likely to encounter a strange term: insupportable marriage.
Texas has a no-fault divorce statute. Under this statute, you do not have to blame your partner to convince a judge to end your marriage. On the contrary, you only must show that the marriage is insupportable because of discord or personality conflicts. The marriage must also not be fixable. You do not have to tell the judge why your marriage is insupportable or blame your spouse for breaking it, however.
Fault-based divorce
You probably know whether your marriage is salvageable. If it is not, you can proceed with a no-fault divorce based on a theory that your marriage is insupportable. Texas family law also allows you to assign fault, though. That is, you can pursue a divorce based on any of the following:
- Abandonment
- Adultery
- Cruelty
- Felony conviction
- Living separately
- Mental illness
Unlike a no-fault divorce where your testimony is usually sufficient to prove your marriage is insupportable, a fault-based divorce typically requires introducing evidence that backs up your claims. If you are successful, though, a judge may award you a disproportionate share of marital wealth due to your partner’s fault.
Unwillingness to divorce
Sometimes, individuals believe that divorce is not possible unless both parties agree to end the marriage. This is not the case, however. While an unwilling spouse may be able to slow down the process, an insupportable marriage is grounds for divorce in the Lone Star State. As such, provided that you testify that your broken marriage surpasses a reasonable expectation of reconciliation, you can likely obtain a divorce decree eventually.
You can minimize divorce stress by educating yourself about Texas divorce law. Whether you are planning to file a fault-based or a no-fault divorce, you must understand what constitutes an insupportable marriage.
