In Texas, we have "no fault" divorce or
"insupportability." A divorce will be granted
if one, or both, parties, asserts that the marriage has
become insupportable because of discord or conflict of
personalities that destroys the legitimate ends of the
marriage relationship, and there is no reasonable
expectation of reconciliation. Texas has retained
several "fault" grounds. Although it is
not necessary to allege one of these grounds to obtain a
divorce, the Court can consider fault in dividing the
community estate. The factors that may be considered fault may
also be relevant to child custody and
visitation provisions. If applicable, you need to discuss
this situation with your attorney in detail.
If either spouse has engaged in abusive conduct
towards the other spouse that has resulted in
psychological or physical injuries, tort claims may also
exist. A tort claim could result in a judgment against
the offending spouse.
