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Divorce – Whose Fault is it Anyway?

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No Fault Finding = Insupportability and Divorce

Many times when couples seek to end their marriage, they do not wish to “throw stones” at one another.   Often spouses decide that they are better off containing the nuclear weapons to avoid “mutual assured destruction”.   The Texas Family Code provides that “insupportability” allows a court to grant a divorce without fault.  Spouses perhaps consider the potential damage to their children, their spouse, and even themselves when they seek divorce based on insupportability.  This “no-fault” path works for many, on the other hand, there are times when one party created the break-up because of their bad behavior.  A profoundly hurt spouse perhaps feels that refraining from fault-finding may result further victimization of themselves.  Pain compels a spouse to speak up.

Mental Cruelty and Adultery – Are you married to a Cheating Spouse?

Two most common fault grounds upon which divorce is granted are mental cruelty and adultery.  One appellate court defined cruel treatment this way: “incapable of being borne, unendurable, insufferable, intolerable.  Mere arguments don’t prove cruelty.”  On the other hand, adultery means voluntary sexual intercourse, and direct or circumstantial evidence can prove it.  However, the facts must be clear and positive.   A cheating spouse can’t “cover-up” forever.

Fault Equals What?

If the court grants divorce based on fault, a spouse can receive a larger share of the marital property.  More than that, a spouse may need that “moral victory” to heal and move on.  Contact our office at 281-550-6650 for a free consultation to discuss your options today.


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