Lawsuits based on divorce and divorce-related issues, which include child custody, visitation rights, child support, spousal support (or alimony), and division of property, assets and debts are most emotional and argumentative if settled in a courtroom. This type of divorce, called Contested divorce, ends up in court primarily because the spouses cannot come to terms which will settle all issues that need to be settled; thus, they leave to a judge the decision making while destroying each other through their respective lawyers in order to win the judge’s favor (which is very unlikely to happen, though).
States differ with regard to the basic requirement in filing for divorce. In 17 states ( California, Colorado, Florida, Hawaii, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, Oregon, Washington and Wisconsin), the “no-fault” divorce law is observed. This means that citing any action by his/her partner, even infidelity, is immaterial.
The other 33 states, however, are known as “fault” states since these require that those who file for divorce to identify the specific ground/s upon which the divorce is being sought (despite observing the “fault” divorce law, these 33 states now also recognize the “no fault” law, thus a spouse may file for divorce by citing simply the ground of irreconcilable differences).
In Texas, for instance, if a spouse files a petition for divorce under the “fault” divorce law, he/she may cite adultery or cruelty (of his/her spouse) of a nature that renders living together unsupportable. If the divorce is filed under the “no fault” provision for divorce, however, then the petitioner may simply indicate “insupportability.”
Insupportability, as explained by Austin divorce attorneys of Kirker Davis LLP, is defined as discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation. Under Texas law, the Court may grant a divorce on grounds of insupportability alone, without having the need to cite any other reason.Read More