What About No-Fault Divorce in Texas?

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Did you know that a member of the Texas House of Representatives proposed a bill to do away with no-fault divorce in Texas?

Currently, all 50 U.S. states have some form of no-fault divorce option. In fact, New York State was the last state in 2010 to pass a law allowing no-fault divorce.

Details about the Proposed Texas Bill to Eliminate No-fault Divorce

According to the San Antonio Express News, Texas Representative Matt Krause in Fort Worth proposed a bill to eliminate no-fault divorces. He also wants to extend the waiting period for a divorce from 60 to 180 days. In addition, for couples to divorce peacefully without using fault grounds of cruelty, adultery etc., they would first have to live separately for three years. Or, to get a divorce they must allege abandonment by the other spouse after living apart for a year.

Currently, Texans can divorce based on no-fault grounds of insupportability. As the name suggests, it does not require one spouse to blame the other for the marriage breakdown. Insupportability as grounds for divorce assumes that couples have conflicting personalities or differences they are unable to reconcile.

Arguments Against the Bill

In particular, low-income couples would have a more difficult time getting a divorce because they would have to pay higher legal fees to prove fault. It would also force a spouse to come up with fault reasons to blame the other spouse when perhaps nothing like cruelty, adultery, insanity or abandonment existed.

Fault based divorce also encourages adversarial battles and forces couples to stay together in an unhappy marriage they’re unable to resolve. Divorce rates in Texas are currently dropping, and this change is not needed.

Reasoning to Support the New Bill

Studies referenced for making divorce more difficult include a University of Texas study. The study found that one third of divorced spouses believed they hadn’t worked hard enough to save their marriage. Another reason was that after divorce, children are more prone to problems like depression, arrests, childhood sexual abuse and addiction.

Considering Divorce? Get Legal Help

Our attorneys at C.E. Borman & Associates are glad to answer your legal questions and help you understand the issues involved with divorce.

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