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Do I need to have a good reason before I can divorce in Texas?

If you are presently seeking to end your marriage, you probably have a good reason. Perhaps your reason for getting a divorce is based on something significant like infidelity or abandonment. Although Texas does allow divorces based on those circumstances, the vast majority of divorces throughout the state occur because couples simply can no longer get along.

You have probably heard the term "irreconcilable differences" on television or in movies. Some states allow divorces based on the concept that both spouses are no longer able to work together as a couple.

Texas family courts essentially recognize that same concept except that it is commonly referred to as "insupportability" here in the Lone Star State. Insupportability allows parties to divorce without the court having to make a determination as to the fault of either party. In other words, your marriage is considered unsupportable if your inability to reach an accord with your spouse or the differences of your personalities makes it impossible for your marriage to continue. Texas recognizes those conditions as sufficient legal grounds for divorce.

There are several benefits for filing for divorce on grounds of insupportability. Perhaps the most obvious one is maintaining some form of civility with your spouse. This can be especially important if you share children with your spouse. By claiming that your marriage is insupportable, both spouses can avoid much of the finger-pointing and accusatory behavior that sometimes accompany allegations of adultery, abandonment or other grounds for divorce.

An insupportability divorce is neutral because it is basically telling the court that neither party is at fault for ending the marriage. If your spouse agrees with that premise, then the court will assume that you two are simply incompatible. This may make your divorce move along much faster.

Of course, a divorce based on insupportability is not right for every situation. You certainly cannot claim insupportability in situations where you are leaving the marriage due to domestic violence. Your Texas family law attorney can examine the circumstances of your case and help you decide whether a divorce based on insupportability is right for your situation.

Source: State of Texas Family Code-Dissolution of Marriage, "Subchapter A. Grounds for Dissolution of Marriage" accessed Feb. 23, 2015

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