Bill Would Alter Texas ‘No Fault’ Divorces

The days of seeking out fast, easy and cheap divorces in Texas may soon be over. A bill introduced in the Texas House of Representatives wouldn’t eliminate the current "no fault" option, but it would limit the cases it could be applied to. Intended to make it more difficult for people with children to seek divorces, the proposal has staunch supporters and harsh critics alike.

To understand the effects the bill would have on divorce in Texas, it is important to consider the current rules. As it stands, Texas allows for "no-fault" divorces, meaning that parties seeking a dissolution of marriage do not have to cite reasons for doing so. Fault divorces are also a current option in the state, but the majority of Texas family lawyers do say the "no-fault" route, also known as insupportability, is frequently selected because it can speed up the process while potentially reducing stress on parties seeking divorce.

The representative pushing for the legislation says the bill would not eliminate the no-fault option. The new ruleswould merely apply in divorces where children are involved or in unilateral cases. The belief is that the legislation would provide more stability for children while preventing parents from seeking out fast divorces. Opponents, however, says the bill could drive up the costs of divorce while potentially increasing the likelihood of domestic violence.

Should the bill make its way through the system to become law, parties required to seek fault divorces in Texas would find several grounds available to them. The law would provide for the following "fault" grounds: abandonment, cruelty, living apart for more than three years, conviction of a felony, adultery and confinement in a mental hospital. While some of the grounds would demand very little burden of proof, such as conviction or confinement, others such as cruelty are less well defined under the legislative proposal.

Under the current system, people who seek "fault" divorces can still effectively divorce if a Texas family lawyer and petitioning client are unable to meet the burden of proof. Under the proposal, failure to meet the burden of proof would mean couples remain married under the law.

Whether the rules of the road for divorces in Texas change or not, couples seeking dissolution of marriage are urged to discuss their situations with a licensed family attorney. Legal representatives can advise parties seeking divorce about their rights and options under the current law and will be able to do the same should the legislation receive approval.

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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.

a href=http://www.nunneleyfamilylaw.com/firmNunneley Family Law has been helping families in the Fort Worth and Mid-Cities area resolve complicated family law issues for over 35 years.