No-Fault Divorces Under Fire in Texas

Posted by Nunneley Family Law on February 16th, 2017

The days of couples choosing to end their unions quickly and amicably in the state of Texas may soon be over. If a bill being floated in the Texas House of Representatives gains traction, the “no-fault” divorce could become a thing of the past.

Although still very much only a proposal, the bill is meant to strengthen the bonds of marriage by making it more difficult for people to throw in the towel, according to its backers. The law would require couples who want to split to assign blame or fault in order to obtain an expedient dissolution of marriage. Allowable reasons would include adultery, cruelty, abandonment, arrest or mental hospital confinement. Couples who want divorces without assigning fault would be required to live apart for three years before filing for divorce. The hope for supporters is that making the path to divorce more difficult may help preserve more marriages.

Opponents, however, make a very strong case as to why the bill should be considered dead in the water. Even some family attorneys, who stand to gain financially should the bill become law, are calling it a bad idea. Concerns center on fact that the bill would force a fight between couples that may have been able to end their unions amicably. In addition, people will likely find themselves paying a whole lot more in legal fees to come up with reasons to justify a split before the three-year waiting period is up. All of that adds up to more stress – financial and emotional – on couples and their children, opponents say.

The proposal interestingly enough comes at a time that divorces are on the decline across the United States. The U.S. Centers for Disease Control and Prevention put the national rate of divorce at 3.2 per 1,000 people in 2014. That number was down from 4 divorces per 1,000 people in 2001.

A similar measure was floated in Texas a few years back, but didn’t advance to the full House. Whether the 2017 session will deliver a different outcome remains to be seen.

Couples who are considering divorce are strongly urged to consult with family attorneys. At present, Texas remains a no-fault divorce state. That means when both parties desire as amicable a split as possible, the law paves the way for a clean break without the need to assign blame or point fingers. Family attorneys can help couples navigate the system while ensuring their rights are safeguarded in the process.

About Author - Nunneley Family Law has been helping families in the Fort Worth and Mid-Cities area resolve complicated family law issues for over 35 years. Their team of professionals provides the clarity and focus you need to break through the turmoil and reach equitable and fair closure.