What are Irreconcilable Differences in a Texas Divorce?

If you have friends or family who have gotten divorced in Texas, you have probably heard the phrase “irreconcilable differences.” However, irreconcilable differences have a distinct legal meaning in Texas divorce cases. Understanding what the phrase “irreconcilable differences” means in a legal context matters when you and your spouse are divorcing. 

If you are considering divorce, you must understand your legal options and the conditions for filing a fault and no-fault-based divorce. That means unraveling some confusing legal terminology, including the meaning of irreconcilable differences, and how marital differences may factor into the breakdown of your marriage.

What Is Insupportability in a Divorce?

Irreconcilable differences are conditions in a marriage or disagreements between partners that make continuing a relationship unsustainable. Although irreconcilable differences are the most common way to refer to unsuitable marriage conditions, in Texas, the family court system calls this “insupportability.” 

A couple who finds themselves citing irreconcilable differences is admitting to the Texas family court system that they have reached a point in their marriage where the relationship is unsustainable and cannot be saved. It is the irrevocable breakdown of a marriage through no fault of either spouse. It is an amicable way of saying that factors in the relationship have occurred that make continuing the relationship impossible. 

Citing irreconcilable differences is one of the most common reasons couples give when moving forward with a no-fault divorce in Texas. Both parties agree that the marriage is unsustainable or insupportable and they do not want to continue to be married. 

Examples of Irreconcilable Differences 

The Texas Family Code offers couples several legal options for divorce. In a no-fault divorce, neither spouse must prove in court that the other party’s actions or behaviors caused the marriage’s end. This allows partners to end their marriage without the stress of assigning blame or fault to either party. 

Texas couples seeking a no-fault divorce cite “insupportability” as the grounds for their divorce. Some of the most common examples of what makes a marriage insupportable tend to include: 

• Financial issues or problems 
• Communication issues 
• Personality conflicts
• Lack of physical or emotional intimacy 
• Excessive conflict
• Family conflicts or challenging family dynamics
• Differing religious or political views 
• Differing personal goals or values
• Parenting conflicts 

Sometimes, personal differences and opposing positions are too significant for couples to overcome. When that occurs, the marriage may be insupportable, and a no-fault divorce offers the partners the best opportunity to separate and move forward with the divorce process with minimal acrimony. 

Other than infidelity, financial incompatibility, substance abuse, personality conflicts, and emotional volatility are some of the most common causes of divorce in the United States today. Often, these issues lead to an unsustainable marriage. Even with assistance, it can be challenging to overcome these issues or get a person to make fundamental changes to their personality or outlook. These issues may manifest more significantly when a child enters the picture, contrasting the couple’s stark personality and value issues concerning how they want to raise their child. 

There is typically some confusion between irreconcilable differences and conditions that necessitate filing for a fault-based divorce. In a fault-based divorce, one party must assign blame and prove to the court that the other party is responsible for the breakdown of the marriage. In Texas, there are specific grounds that an individual must cite when filing for a fault-based divorce. These grounds differ from the conditions triggering a no-fault divorce based on insupportability. 

An individual may file a fault-based divorce in Texas due to: 

• Adultery
• Abandonment
• Mental cruelty 
• Felony criminal conviction 
• Confinement in a mental hospital

Working with a knowledgeable Dallas divorce attorney is the best way to learn about your divorce options and which path gives you the best opportunity to achieve a favorable outcome. 

How a Dallas, Texas, Divorce Attorney Can Help 

Individuals may mistakenly believe that if they are not assigning blame for the marriage breakdown, the divorce process will be simple, and they do not need the help of an experienced divorce attorney. Even though forgoing a divorce attorney may save you money in the short term, it can cost you significantly in court and post-divorce. 

Just because you agree that the marriage is unsustainable and neither party wants to establish fault doesn’t mean you and your partner will agree on every aspect of your separation. Asset division, child custody, child support, and spousal maintenance can be contentious issues. You need a Dallas divorce attorney to protect your legal rights and advocate for you, particularly if you are a high-asset couple or a high-net-worth individual. 

A Dallas divorce attorney can offer emotional support while guiding you through the legal process so you come out with a clean slate, ready to rebuild your life. An experienced attorney can file a divorce petition with the correct county clerk, serve your spouse with the divorce petition and summons, and negotiate the terms of your divorce agreement. 

If you and your spouse can’t come to an agreement, or if you’ve nearly reached one, your attorney may suggest that you engage in mediation to reach a complete agreement. Your attorney will represent you during mediation, providing guidance and advice, and supporting you as you work toward the best agreement possible. 

An attorney can also ensure you meet the requirements and criteria for filing for divorce in Texas. 

Choose the Balekian Hayes Team to Manage Your Dallas Divorce 

At Balekian Hayes, PLLC, we understand the challenges couples face as they attempt to manage a Texas divorce’s emotional and financial aspects. We keep our client list small so that we can deliver personalized legal advice to the people we serve. You get comprehensive and responsive legal representation from day one until the day we resolve your legal situation. You will always be our priority. 

If you are ready to move forward with your life and believe you have a case for no-fault divorce based on insupportability in Texas, contact a divorce attorney in our office today and set up a confidential legal consultation. We’ll get to know you and advise you about your divorce options.