Many people wonder what can be the basis or grounds for a divorce in Texas. The Texas Divorce Lawyer is providing a series of articles on the 7 sins of the marriage, or in other words, the 7 grounds for divorce in Texas. The Texas Family code actually codifies and outlines the 7 grounds for divorce in Texas. There are 3 no-fault grounds for divorce and 4 fault based grounds.
The first ground for divorce in Texas is a divorce based on the insupportability of the marriage. Texas courts have defined insupportability to mean “unendurable, insufferable and intolerable”. Insupportability is also the primary basis of the no-fault divorce. This is the basis of which the majority of divorces are based. The purpose of the no fault divorce is to allow parties to get a divorce without airing all of their “dirty laundries” in order to get divorce. The parties can proceed with an uncontested or agreed divorce and not have to be hostile toward one another in order to end their marriage. Likewise, the parties can still use the no-fault basis of insupportability but still argue about other issues such as property division or custody.
In order to obtain a no-fault divorce based on insuportability the parties must prove the following:
1) The marriage has become insupportable because of discord or conflict;
2) The discord or conflict destroys the legitimate ends of the marriage; and
3) There is no reasonable expectation of reconciliation.
The party seeking the divorce must prove all three of these elements in order to obtain the divorce. A divorce based on insupportability can be proven by the testimony of the party seeking the divorce. The parties do not have to state the specific facts, which led them to obtain the divorce, but rather merely provide summary statements under oath. Most attorneys will suggest their clients proceed under this ground because it is very easy to prove and obtain.
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