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What Is Insupportability in a Divorce in Texas?

No groom watches his bride walk down the aisle while thinking it could all come crashing down in a divorce. Marriages start with dreams of the future, shared goals, and endless potential. While oftentimes these dreams or goals do come true, there are times when couples simply break down and can’t go on.

It may be due to one spouse, both spouses, or it can simply be a shift in the dynamics of the relationship. People change as they get older, some for the better, some for the worse. Regardless of the reason the marriage has been damaged, getting divorced in Texas is always an option.

There are numerous legitimate reasons for getting divorced, and no two couples are alike. In Texas, divorce on grounds of insupportability is just one of many reasons for getting divorced, although it is the most common.

Other reasons include: infidelity, cruelty in divorce, spousal abandonment in Texas, conviction of a felony, both parties living apart from one another, or one spouse being confined in a mental institution or hospital long term with little hope for recovery from their mental illness.

What Is Insupportability in a Divorce?

what is insupportability in a divorce Texas?

Insupportability means that neither party wants the marriage to continue, but none of the other reasons for divorce are applicable. Insupportability is also often referred to as ‘no fault’ divorce. An insupportability divorce in Texas means that one or both spouses have come to the decision that divorce is what’s best.

Sometimes people grow apart or realize their goals in life are different or have changed over the years. Others may find themselves arguing non-stop or unable to even hold a decent conversation. Whatever the reason, divorce may be imminent.

Some couples having difficulties divorce on grounds of insupportability and remain friends while other couples go their separate ways.

Factors for an Insupportability Divorce in Texas

When deciding on an insupportability divorce, a judge will want to hear evidence that supports reasons for the divorce. Whichever party petitions the court for the divorce must provide evidence to support their claim. The respondent in the case will be given time to acknowledge any evidence that was presented prior to the judge deciding on the divorce.

Texas Law on Divorce

insupportability divorce in Texas

Due to the way Texas laws determine what is insupportability in a divorce, no judge will require the couple to remain married. This comes from section 6.001 of the Texas Family Code which states, “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.” In simpler terms, you will be granted a divorce even if you just don’t get along anymore for any reason.

Who Is to Blame?

Insupportability divorce in Texas means that regardless of what happened in the marriage, no one blames the other spouse, or even if they do, the divorce will still take place. If one spouse did do something that caused the breakdown of the marriage, that is overlooked in the eyes of the court. Whether it was financial infidelity, a lack of trust, or just a change in interests, the court often won’t worry about those issues.

What If I Don’t Want a Divorce?

What is insupportability in a divorce when one party doesn’t want to get divorced? The answer to that is simple; if one party wants a divorce, they will eventually be granted one. In Texas, the laws are written with insupportability to mean intolerable, insufferable, or even unendurable. Anyone can claim any of these reasons to get a divorce. So, if the divorce is imminent, it’s important to have knowledgeable, well informed divorce attorney in Houston on your side.

Children and Divorce

Couples with children often don’t see eye to eye on who gets primary custody of the kids. For couples with younger children, a good lawyer will make sure to fight for the rights of their client, getting the most time possible.

Obviously, if the couple can come to an agreement first that’s always the best option, but when one party is being difficult, it’s important to have a parental rights lawyer fight for the interest of you and your children.

Don’t Lose Your Financial Footing – Get Help Today

Divorce is never easy, even when both parties are amicable. What’s important to remember is that a judge will make decisions regarding the divorce that can greatly impact each party.

One of these decisions is how to split the assets of the marriage. Assets can include the house, retirement funds, property, stocks and bonds, cash, cars, furniture, and more. This is one of the biggest reasons why it is so important to have the experienced Houston property division lawyers at The Moffett Law Firm fighting for your rights and making sure you get what you deserve.

This becomes even more important for couples that have a high net worth. While the marriage may dissolve, you don’t want your assets to dissolve with it. The right high net worth divorce lawyer can have a significant impact on your case.

Contact the Moffett Law Firm today to schedule a consultation regarding your current or upcoming divorce. We have the expertise, experience and knowledge to represent you through any family law matter.