The law in Texas grants power to the court system to approve a divorce based on the grounds of insupportability, which is a discord or conflict between the personalities and characters of a couple that disables the legitimate purposes of the marriage and ends the marital union while rendering it impossible to reconcile. Thus, insupportability basically is a no-fault ground or provision for a divorce. Your divorce may be considered to have a no-fault basis, which is true if neither you or your spouse have acted improperly while you were married.
There are other grounds where one party is deemed at “fault” for the split. A few of the most common reason for a fault divorce are:
- Cruel behavior such as physical violence by one spouse towards the other in a way that makes living together impossible
- A spouse has been convicted of a felony
- A spouse has been in prison for a year or longer
Determining fault in a divorce is important when it comes to the division of marital assets. If the wronged spouse is able to provide significant evidence of fault by the opposing spouse, they may be awarded a larger share of the marital assets. These assets include, but are not limited to, the marital home, cars, shared bank accounts, retirement plans, stock options, etc.
Annulling a Marriage
The State of Texas also allows for the annulment of a marriage if the union was not legal to begin with. A “voidable” marriage is when one or both of the spouses lacked an important fact at the time of the marriage. A spouse may file or petition for an annulment based on the following grounds:
- One of the parties was underage when they entered the marriage or union without their parent’s consent or order from the court
- The petitioner at the time of marriage was under the influence of alcohol or narcotics and, therefore, has no capacity to give consent to the marriage
- Permanent physical or mental impotency of either party at the time of the marriage without the petitioner’s knowledge of the impotency
- Use of fraud, duress, or force to induce or coerce the petitioner to enter into marriage
- Mental incapacity of the petitioner making them incapable to give consent to the marriage or to understand the nature and significance of the ceremony due to the mental condition or illness at the time of marriage
- Concealment of one party of a divorce that occurred less than thirty (30) days prior to the marriage from the petitioner, with the annulment suit being filed less than one (1) year from the date of the marriage
- Marriage of less than seventy-two (72) hours since the granting of a marriage license, with the annulment suit being filed less than thirty (30) days from the date of marriage
The petitioner is required by the court to refrain from cohabiting with their spouse after gaining knowledge of the issue or ground for annulment. If you are heading for divorce, it is best to have a qualified Texas divorce attorney handle your case to help guide you through the process and understand your rights while filing for divorce. We are here to help. Schedule your consultation with one of our attorneys so we can go over your case and put together a plan of action that best suits your needs.