Fabio & Merrill

No-Fault Divorce Is Being Challenged In Texas

Texas law currently allows no-fault divorce. In other words, couples do not have to place blame and establish fault to end a marriage. They can file for no-fault divorce on the grounds of insupportability if, as the law states, "marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate end of the marital relationship and prevents any reasonable expectation of reconciliation."

No-fault divorce has been an option in Texas for decades. In fact, it is the most common form of divorce. Now though, according to an article in the Houston Chronicle, one conservative republican lawmaker wants "to strengthen families and reinforce the sanctity of marriage by eliminating no-fault divorces."

Insupportability Would No Longer Be Grounds For Divorce

Rep. Matt Krause, R-Fort Worth, has introduced a bill for the 2017 legislation session that would eliminate insupportability as grounds for divorce. Instead, the only option for a peaceful divorce would require a three-year waiting period in which the couple lives separately prior to filing for divorce.

Critics say the bill would simply encourage those who want to end their marriage quickly to place blame and file fault-based divorce, which may prove costly and time-consuming. Fault-based grounds for divorce include adultery, cruelty and abandonment.

The article states that the new bill is seen as a long shot, in part because of its failure when previously introduced in 2015. Still, it is something that people should watch, particularly if they have been thinking about divorce.

If You Are Considering Divorce

If you are currently considering getting a divorce, you should speak with an attorney about your no-fault and fault-based options. Your attorney can review your situation and help you choose the grounds for divorce and the path that makes the most sense based on your needs and goals.

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