In Texas, a court may grant a “no-fault” divorce if the marriage has become insupportable due to “discord or conflict of personalities. . .” Tex. Fam. Code § 6.001. The court may also grant divorce in favor of a spouse, if the other spouse committed adultery. Tex. Fam. Code § 6.003. In a recent case, a former wife appealed her Texas divorce decree, which was granted on the ground of insupportability instead of adultery.
According to the appeals court, the parties got married in 2014 and the wife petitioned for divorce in 2022. She alleged insupportability and adultery by the husband as grounds for the divorce and sought a disproportionate share of the community estate. In his counterpetition, the husband alleged insupportability and sought an equal division of the community estate.
Trial
At trial, the wife testified she made more than $100,000 per year in the military but was now receiving about $88,000 from retirement and disability benefits. She said that the parties generally maintained separate finances and separate bank accounts during the marriage, but she primarily paid the bills out of her own account and was reimbursed by the husband for his share. They also had a joint account for bills.