Insupportability is one of the most frequently used grounds for divorce in Texas. It is a no-fault ground, meaning neither spouse needs to blame the other for the breakdown of the marriage.
Despite its common use in the context of a divorce, it is not a term that is frequently used outside of legal documents and courtrooms so it is natural for people considering a divorce to wonder what it means. Merriam-Webster dictionary defines insupportable as “More than can be endured” or “Impossible to justify.” The Texas Family Code explains that a marriage is considered insupportable in the event of “discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”
In a practical sense, insupportability is the grounds that might apply when a couple has simply fallen out of love, whose lives have gone in different directions, who want to move on or who just do not want to be married anymore. Choosing this ground for divorce means you do not have to point fingers. It means you do not have to explain yourself or justify the decision.
People often choose to file for divorce on the grounds of insupportability even if they believe one spouse was at fault, but they do not want to make it public or go to battle over it. Fault-based divorce comes with a requirement to prove fault and to provide evidence of fault, adding a layer of stress to the divorce process that many people would like to avoid even if they feel they were wronged by their spouse.
Ultimately, the grounds you choose for divorce will have an important impact on how the process plays out, so choose with care.
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