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Is It Necessary To Place Blame To File For Divorce?

Divorce is always an emotional matter. Not surprisingly, there tends to be a lot of finger-pointing. One spouse often wants to blame the other. However, under Texas law, it is not actually necessary to place blame to get a divorce. You can file for divorce on either fault or no-fault grounds. It is important to determine the appropriate grounds for divorce before moving forward with the process.

Grounds For Divorce In Texas

Insupportability is the sole no-fault grounds for divorce. A marriage may be considered insupportable on the basis of "discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation." In other words, this is when spouses simply can no longer get along.

You can also file for divorce on the following fault grounds:

  • Cruelty
  • Adultery
  • Felony conviction
  • Abandonment
  • Living apart
  • Confinement in a mental hospital

When Is It Appropriate To File On Fault Grounds?

It is important to note that, even if there was fault, the divorce does not have to be filed on fault grounds. For example, if you believe your spouse was cruel or committed adultery, you can still file on the grounds of insupportability. If you choose to file on fault grounds, you may be asked to prove fault. A divorce case may become much more embattled because of it. On the other hand, proving that the other party was at fault could have an impact on the outcome of the divorce, and that may be worth fighting for.

The key is to discuss the situation with an experienced attorney who can offer guidance and help you carefully analyze all available options so that you can choose the one that makes the most sense to you.

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