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Texas Lawmaker Seeks to Make Divorces More Difficult

SB 93, which was recently proposed1 by Rep. Matt Krause, R-Ft. Worth, seeks to eliminate the no-fault divorce2 in Texas. If this bill is passed, it will be a major change to family law and will make divorces more difficult get.

The bill is in the committee stage and is expected to make it to the floor of the House for a vote.

Details of the Proposed Bill

The bill would eliminate the “insupportability” option that couples have when filing. All divorce pleadings must state a ground or reason for the divorce. While there are fault options, such as cruelty or adultery, many couples select insupportability because this ground does not require proof.

Insupportability is Texas’ version of the no-fault divorce and has been an option since 1970. All states offer a no-fault option.

If the no-fault option is taken away, couples seeking a divorce will have to prove in court a ground of fault. Thus, a husband may be forced to prove that his wife had an affair. These proceedings can become very emotional and embarrassing for all parties.

Another ground for divorce in Texas that would remain if the bill is passed is that the couple has been living apart for three years.

Arguments for and Against the Bill

Proponents of the bill argue that it honors the sanctity of marriage and will make couples work on their marriage before considering divorce. Insupportability allows for one spouse to divorce easily, even if it is against the wishes of the other spouse.

Opponents of the bill say that it could make getting out of a domestic violence situation more difficult. Statistics indicate3 that in states that have adopted the no-fault divorce, there has been a 30 percent drop in domestic violence.

Opponents also argue that a long, painful divorce places a heavy burden on the children of the marriage. Fault divorces also are more expensive because of the proof requirements.

Contact a Katy, Texas, Family Law Attorney

Frank J. Vendt is a Texas divorce lawyer who is committed to providing his clients with up-to-date and effective legal advice and representation. To schedule a consultation with Mr. Vendt, call our office today at (832) 263-6770 or contact us online.

1 http://abc13.com/news/texas-bills-proposed-to-make-divorce-more-difficult-/1749758/

2 https://www.law.cornell.edu/wex/no-fault_divorce

3 http://www.austinchronicle.com/news/2017-01-27/bill-of-the-week-no-fault-divorce-on-the-chopping-block/