Texas Grounds for Divorce - An Historical View
Today, the most common ground for divorce is insupportability – meaning there is such conflict of personalities that it is impossible for the spouses to continue living together. However, until 1913, the only grounds for divorce in Texas were cruelty, adultery, abandonment, and the conviction of a felony. All of these were fault grounds. The only alternative to fault grounds was to prove that the spouses were living apart without cohabitation for 10 years. Not until 1941 was another no-fault basis added, and that was for insanity. Basically, if the conduct complained about did not fit into one of the statutory grounds, a divorce was denied.
During the late 1960’s lawmakers began to realize that the existing grounds for divorce (and defenses to divorce actions) were no longer compatible with modern life. Effective January 1, 1970, a no-fault ground was added to the Texas Family Code. While this may seem trivial, the new provision made a tremendous impact on family law. No fault divorce meant it was no longer the complaining party’s burden to prove misconduct or one of the no-fault grounds such as insanity or living apart. The party filing for a no-fault divorce only need establish that the marriage is insupportable, regardless of whether either party is at fault.
