Practicing Family Law With Heart For More Than 25 Years

Proposed bill would do away with no-fault divorce

On Behalf of | Feb 14, 2017 | Divorce

Those who have lived in Texas for some time are likely aware that the Lone Star State already has some unique laws on the books, as one of only a few states that employs community property laws. The needle is poised to move even further now, with a Texas lawmaker proposing changes to state law that would make it even more difficult for couples to obtain a divorce.

Under the proposed laws, couples seeking a divorce may no longer be able to obtain it on no-fault or insuperability grounds. According to the bill’s proponents, no-fault or insupportability divorces do not encourage couples to work together to overcome their differences, especially when children are involved.

The bill also poses some serious threats to personal liberty, as it would make it much more difficult to file for a divorce in Texas and maintain privacy. Without no-fault divorce provisions, one spouse must prove some form of wrongdoing on the part of the other spouse, which requires filing a formal complaint of infidelity, abuse or some other unsavory behavior. It will also make it considerably more expensive to obtain a divorce, which some opponents to the bill see as a barrier to safety for some spouses who may be experiencing abuse and lack the wherewithal to properly prove abuse is taking place.

Regardless of how the new proposed law moves forward, those who are ready to move on from a marriage deserve to be heard and defended professionally. If you are ready to divorce, do not hesitate to seek out proper legal guidance that can help you do so with clarity and dignity, while protecting your rights.

Source: ABC News 13, “Texas Bills proposed to make divorce more difficult,” Foti Kallergis, Feb. 13, 2017