In the Lone Star State, couples are granted the option of filing for a “no-fault” divorce or an “at-fault” divorce for their convenience. Six grounds of the seven fall under the at-fault divorce category, requiring proof of allegations since one spouse is accusing the other of having greatly contributed to the demise of the marriage. Insupportability is the only ground that falls under the no-fault divorce, in which neither spouse blames the other for anything.
Definition of Insupportability
Under the Texas Family Code- Section 6.001. INSUPPORTABILITY. 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 destroy the marital relationship, and prevents any reasonable expectation of reconciliation.
Factors of Insupportability
Filing under insupportability provides couples with the opportunity for a no-mess divorce. The judge need not know whether infidelity or cruelty were a factor, if neither spouse claimed it as a reason for divorce. Factors that do the determine the validity of divorce include:
- Periods of physical separation
- Mutual feelings of resentment
- Conflict of personalities
- Lack of trust
- Constantly engaging in quarrels or disputes
Couples who claim their marriage is insupportable can experience a far less complicated divorce. Seeking the legal guidance of an experienced divorce lawyer will ensure a valid divorce executed in a civilized manner. Avoid court battles and arrive at mutual agreements concerning issues like child custody, child support and division of property.
For the timely and professional resolution of your divorce case, contact the McAllen divorce attorneys of Barrera, Sanchez & Assoc., P.C. at (956) 287-7555 to schedule a consultation.