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.