Everyone (at least in my generation) remembers the movie Irreconcilable Differences starring Drew Barrymore as the child. It was heartbreaking that that parents had to prove they had grounds for a divorce.
Not only did they have to struggle with the break- up of their relationship, but in New York, they had to tear each other down in order to QUALIFY for a divorce.
Texas does not follow that model, and the legislature has decided that if either spouse wants a divorce, that’s all it takes.
They use the word insupportibility instead of irreconcilable differences, but it has the same effect. You may have heard of this referred to as no-fault divorce. Instead of having to claim and prove grounds for divorce, such as adultery, abandonment or other undesirable characteristics, a spouse merely has to say the marriage is insupportable due to conflict or discord of personalities that destroys the legitimate ends of the marriage relationship and prevents any reasonable expectation of reconciliation.
I have some clients who believe it’s too easy. Some would prefer their spouse be court ordered to counseling and take steps to the save the marriage. Although that makes sense, the Texas legislature has determined it best not to force a person to stay married against their will. If that is the approach, then avoiding all the mudslinging is truly better for families in the long run.
Law Office of Kelly Koch, PC
1402 N. Chaparral Street
Corpus Christi, Texas 78401
Fax: (361) 882-8757