Texas is known as a “no fault” State. That means, if a person wants to get divorced, the Courts will grant the request for any reason or no reason at all.
This general ground is called insupportibilty, and has been called irreconcilable differences in other states. It just means the marriage has become “insupportable” due to conflict or discord of personalities that destroys the legitimate ends of the marital relationship and there is no reasonable expectation of reconciliation.
Sometimes clients don’t want the divorce, but there is no way to stop it if one person wants it. Years ago, courts would encourage counseling, but that is no longer the case.
Sometimes litigants plead (ask) for divorce based on “grounds” or specific reasons such as cruelty, adultery, conviction of felony, abandonment, confinement in a mental hospital or living apart.
The most common of these are adultery and cruel treatment. Because the divorce can be granted based upon insupportibility, these claims are unnecessary and used primarily to obtain a larger settlement (more than half).
Whether or not you should add these grounds to your divorce depends on several factors, including the size of the community estate and your desire for privacy.
Kelly Koch Attorney at Law
Contact us by phone at (361) 882-8000 or through our online form to schedule your consultation and learn more. Our office hours are Monday through Friday, 8:30 a.m. to 5 p.m., with evening and weekend consultations available by appointment.