Texas No-Fault Divorce: What Insupportability Means

Texas Family Code defines insupportability as the marriage having become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marriage with no reasonable expectation of reconciliation. Using it means neither spouse has to prove wrongdoing or assign blame.

For an uncontested divorce where both spouses agree on all terms, insupportability is almost always the simplest and least contentious ground. It avoids the need to prove or allege fault and keeps the case straightforward.

Texas also recognizes cruelty, adultery, conviction of a felony, abandonment, confinement in a mental hospital, and living apart for at least three years. Proving fault requires evidence, so fault grounds are rarely used in simple uncontested cases.

Texas divides community property in a 'just and right' manner, and fault in the breakup is one factor the court may consider. In practice, when spouses agree on the division in an uncontested case, the court usually accepts it without litigating fault.

Regardless of which ground you use, Texas requires 60 days from the filing date before the court can grant the divorce. The ground does not shorten the cooling-off period.

For each ground and when fault matters, see our Texas grounds for divorce topic page. DivorceReady prepares no-fault insupportability petitions for uncontested cases.