Are there any defenses to a divorce action?

Yes, there are a few potential defenses to a divorce action in the state of Texas. One defense is if the county court finds that the marriage is invalid due to it being incestuous, or if either spouse was already married at the time the marriage in question began. Another defense is if either spouse was insane when the marriage occurred, and the insanity has continued since. Additionally, if one spouse can prove that the other is at fault for the failure of the marriage based on adultery, cruelty, abandonment, confinement in prison for a felony, or living apart without cohabitation for at least three years, then those grounds for divorce can be denied. Finally, if you and your spouse entered into separation agreements, or if you and your spouse have entered into a written contract that does not involve the court, then this can also be used as a defense against a divorce action. In general, when it comes to defenses to a divorce action in Texas, a spouse must be able to prove that the marriage was invalid due to some type of fault to be successful in their defense.

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