The State of Texas understands that a couple may come to a point in their marriage where they may no longer want to be together. In that case, either spouse can file for divorce under the grounds of insupportability. What is insupportability and how does it apply during divorce proceedings? Read below to learn more about the process to see if it’s a viable option for you.
Are you and your spouse experiencing irreconcilable differences? Let our divorce lawyers in McAllen oversee your case.
What it Means
Filing for a “no-fault” divorce simply means that neither spouse is required to prove that the other was at fault for the disintegration of the marriage. As such, any misconduct by either party cannot be claimed as a reason for filing for divorce. “Insupportability” can be translated to the couple being incompatible or having irreconcilable differences. Many times, conflicting personalities may cause a marriage to wither, making it difficult to find resolutions to save the marriage.
The legal definition of insupportability according to Texas Family Code Section 6.001 is, “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 destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”
Factors
Although a spouse filing for insupportability is not required to prove that the other spouse’s behavior or actions caused the marriage to weaken, courts may still look into factors that make the marriage insupportable. Some of these factors include:
- Conflicting personalities
- Unsatisfactory emotional support
- Unsatisfactory financial support
- Long periods of physical separation
- Conflicting interests
- Feelings of resentment
- Lack of trust
- Frequent quarrels or disputes
If both spouses agree that the marriage is insupportable, this will ease the divorce process for both parties.
The Benefits
Spouses may choose to file for no-fault insupportability to make the divorce process as uncomplicated as possible. Regardless of which party was involved in misconduct, under the grounds of insupportability, proof is not required. This specific ground for divorce usually makes for a seamless and civilized process with the spouses coming to mutual agreements on important issues along the way.
“At-Fault” Alternatives
If you have analyzed your marriage and would instead like to proceed with filing for an “at-fault” divorce, proof of the following, amongst others, must be provided:
- Cruelty – A spouse is inflicting emotional or physical pain to the other.
- Adultery – A spouse has been unfaithful.
- Felony Conviction – A spouse has been convicted of a felony, has been imprisoned for at least a year and has not been pardoned.
- Abandonment – A spouse left with the intention of abandonment and has not returned for at least a year.
- Living Apart – Both spouses have lived apart for at least three years.
- Confinement in a Mental Hospital – A spouse has been admitted in a state or private mental hospital for three years with no chance of recovery.
Some people may choose to file for this type of divorce instead as the no-fault spouse usually receives a larger portion of marital property or support. If both spouses decide to file for a fault divorce, the court may side with the party with the least amount of fault.
We Want to Help You
The divorce attorneys of McAllen’s Barrera, Sanchez & Associates, P.C. are ready to help you. Once you’ve contacted us, we can evaluate your case and recommend the best course of action. Additionally, we can also provide advice on reaching mutual agreements in regards to the division of property, child custody and support. To start your divorce process or for more information, visit us in McAllen today.