Texas law allows for “no-fault” divorces. However, if one spouse is at fault for the breakup of the marriage, the court may take that into consideration in determining what is an equitable (fair) division of the couple’s property. For that reason, you may want to include fault grounds in your petition for divorce. The statutory grounds for a fault divorce are: adultery, cruel treatment (that renders further living together insupportable), abandonment (for at least one year with the intent to abandon), long-term incarceration (more than one year), confinement to a mental hospital for at least three years, or living apart for at least three years. For a no-fault divorce, your petition alleges “insupportability,” which is defined as discord or conflict of personalities that destroys the legitimate ends of the marriage and prevents any reasonable expectation of reconciliation.
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