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Texas has a very liberal approach to divorce. Unlike many other states, Texas has implemented a series of laws which allow a "no fault" divorce. This means one of the parties can obtain a divorce simply because one of the two wants to dissolve the marriage. Texas has adopted the concept of "insupportability" of "the legitimate ends of the marriage." This is normally construed to mean one of the spouses can no longer live as man and wife with the other spouse, and, as such, is entitled to obtain a divorce. The exact terminology of the statute requires one of the parties to declare "the marriage has become insupportable because of discord or conflict of the personalities that destroys the legitimate ends of the marriage relationship." If they do so, the marriage will be dissolved even if the other spouse does not agree, or does not want a divorce. Texas has retained the historic "fault" grounds of adultery, abandonment, cruelty, etc. These are often not pleaded in a divorce simply to speed up the process. However, the proof of a fault ground may have significant impact on the court's determination of the division of the parties' community estate, as well as awarding conservatorship of any children of the marriage. It is something which needs to be carefully considered by the party and his or her attorney. Texas also allows a party to seek "tort"claims against the other spouse within the context of the divorce. Examples include the other spouse conspiring to defraud the divorcing spouse out of property which the divorcing spouse has a legal or equitable right, as well as the other spouse physically assaulting the divorcing spouse and causing physical and psychological damages -- to name but two theories of recovery. Because of the technical nature of this area of the law, it is something you will want to discuss with your attorney. -- The Law Offices of Steven E. Rogers |