Under the Texas Family Code, most divorces are granted on the grounds of “Insupportability”. So, on filing a petition by either party to a marriage, the Court may grant a divorce without regard to “fault” by either party to the marriage if the marital relationship between the persons has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship between the parties and prevents any reasonable expectation of reconciliation.
In Texas, a person does not have a legal duty to reconcile; although, there are some factions in Texas that are pushing for legislation which would require persons to complete counseling and extend the “60 day waiting period” before the Court will grant a divorce. However, currently the Legislature has in place the statutory grounds of “insupportability” to protect a person’s interest in seeking a divorce from their partner without requiring a person to make a showing of “fault”.
Most divorces in Texas are filed and granted under “insupportability” grounds which are commonly referred to as a “no-fault” divorce has three elements under the Texas Family Code section 6.001. The person seeking a divorce has three statutory elements which the petitioner has the burden to establish the existence of when proving up the case in a Texas Court. Number 1, the person must establish that the marriage has become insupportable because of discord or conflict. Number 2, that the discord or conflict destroys the legitimate ends of the marriage. And number 3, that there is no reasonable expectation of reconciliation.
Conviction of a felony is another ground for divorce in Texas. Under section 6.004, a Texas Court may grant a divorce in favor of one party if during the marriage, the other party has been convicted of a felony and has been imprisoned for at least one year in the Texas Department of Criminal Justice, a federal penitentiary, or the penitentiary of another state; and, the party has not been pardoned. However, the Court may not grant a divorce against a spouse who was convicted on the testimony of the other spouse.
Whether you believe your spouse is at fault or not, it is relatively simple and inexpensive to attain a divorce against a spouse in the State of Texas. On the filing of any party to a marriage, the Court will grant the party a divorce without regard to whether or not there was “fault” in the marriage if the marriage basically has become “insupportable” and there is no “reasonable expectation of reconciliation”.