No two people are alike. No matter how well a couple thinks they no each other, or no matter how much it seems they think alike, they almost always have disagreements over some things. Sometimes these differences in opinion don't come to light until after they're married, and sometimes the disagreements are grounds for a divorce.
What is "Insupportability?"
In most states, a spouse may get a no-fault divorce based on a breakdown of the marriage. Some states refer to this as "irreconcilable differences" or "incompatibility." In Texas, the term used is insupportably. Basically, it means the spouses' personalities conflict and destroy a marriage so that there's no reasonable expectation of reconciliation.
It has nothing to do with a spouse's refusal or inability to financially support the other spouse. It simply means the spouses can't agree on basic, fundamental issues involving the marriage, and they never will agree.
"Fault" and "Blame" Have Nothing To Do With It
When a divorce is based on insupportably, any wrongdoing by one spouse or the other doesn't matter. It's simply a statement by one or both spouses that the marriage doesn't work any longer.
You don't need to prove that your spouse was to blame for the failure of your marriage to get a no-fault divorce based on insupportably. A court may grant you a divorce if it finds that you and your spouse can no longer live together due to your personality conflicts and inability to get along.
Factors courts look at in determining whether a marriage is insupportable include:
- Conflict of personality
- Whether there is mutual concern for the emotional needs of each other
- Whether the marriage suffers from financial difficulties
- Long physical separation
- Difference of interests
- Constant bickering
- Irreversible antagonistic feelings
Practically anything can form the basis of insupportability, so long as the disagreement or conflict is so bad there's no chance the marriage can be saved.
Put the Conflicts Aside Temporarily
In Texas, your divorce will go much more smoothly if you and your spouse agree that the marriage is insupportable. You can avoid court battles by agreeing that the marriage is over and by coming to agreements on dividing property, and if you have children, a parenting plan setting out the details of child custody, support and visitation.
That's not to say one of you can't get a divorce based on insupportability even if the other doesn't want the divorce. Like most states, Texas won't force people to stay married when at least one of the spouses wants the marriage to end.
You and your spouse can handle your own divorce if you both agree the marriage is insupportable. An attorney can make things easier, however, by making sure your paper work is done properly, as well as explain the available grounds for divorce in your state and the legal consequences of your divorce.
Questions for Your Attorney
- Can I file for divorce based on adultery or some other fault grounds after my spouse files for divorce based on insupportability?
- What are my options if my spouse won't agree to a divorce based on insupportability?
- How long will my divorce take?
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