Divorce is never easy, but understanding the process can make it more manageable. In Texas, a no-fault divorce is one standard route for ending a marriage. But what exactly does that mean, and how does it affect divorce? Let’s break it down.
Texas State Representative Matt Krause recently introduced a bill to eliminate no-fault divorces. The proposed legislation, HB 65 and SB 93, aims to strike out the “insupportability” clause, which currently allows couples to divorce without assigning blame.
Additionally, these bills would extend the waiting period for obtaining a divorce, making the process more time-consuming. As this bill gains traction, it’s important to understand what these changes could mean for those considering divorce.
This bill is proposed and has not become law.
No-Fault vs. Fault-Based Divorces in Texas
No-fault divorce has long served as a flexible option for couples whose marriages have reached an impasse. Under Texas’s current no-fault divorce laws, couples can mutually agree to end their marriage without having to assign blame or provide a specific reason other than “irreconcilable differences” or “incompatibility.” This approach allows for a more peaceful and amicable separation.
- Insupportability (No-Fault): The marriage has ended due to discord or conflict of personalities, with no reasonable expectation of reconciliation.
- Cruelty: One spouse is guilty of cruel treatment, whether emotional, mental, or physical, making it insupportable for the couple to continue living together.
- Adultery: A spouse has committed adultery.
- Conviction of a Felony: One spouse has been convicted of a felony and imprisoned for at least a year.
- Abandonment: One spouse has left the other with the intent to abandon them and has remained away for at least one year.
- Living Apart: The couple has lived separately without living together for a minimum of three years.
- Confinement in a Mental Hospital: One spouse has been confined to a mental hospital for at least three years, with no reasonable expectation of recovery.
What Is a No-Fault Divorce?
How Does a No-Fault Divorce Work?
In a no-fault divorce, the process begins when one spouse files a divorce petition, stating that the marriage has become insupportable. Unlike fault-based divorces, there is no need to present evidence of wrongdoing, such as adultery or abuse. This approach often makes the divorce process quicker and less contentious.
The no-fault divorce process is designed to be more straightforward and less adversarial. Here’s a breakdown of how it typically works:
- Filing the Divorce Petition: One spouse files a petition stating that the marriage has become “insupportable.”
- Serving the Divorce Papers: After the petition is filed, the other spouse is served with divorce papers.
- Waiting Period: Texas law mandates a 60-day waiting period before the divorce can be finalized.
- Negotiating Terms: During this period, both spouses negotiate terms for the division of assets, child custody, and support.
- Finalizing the Divorce: Once all terms are agreed upon, a final divorce decree is issued by the court.
Advantages of a No-Fault Divorce
- Less Conflict: No need to assign blame allows for smoother negotiations.
- Quicker Process: The absence of fault-finding expedites the divorce process.
- Privacy: Sensitive issues are not publicly disclosed in court.
- Emotional Well-Being: Avoiding the blame game reduces emotional strain.
- Cost-Effective: A streamlined process often results in lower legal fees and court costs.
The Potential Impact of Removing No-Fault Divorce in Texas
For example, without the no-fault option, couples who wish to divorce amicably may be forced to live separately for three years before they can file for divorce. This extended waiting period could lead to increased stress, conflict, and financial strain. Additionally, the divorce process may become more time-consuming and costly, exacerbating an already challenging situation.
How Tess House Law Can Help You Navigate These Changes
Moving Forward with Understanding and Support
Considering Divorce? Tess House Law is Here to Guide You
If you’re considering divorce and want to explore your options, our experienced team at Tess House Law is here to help. Contact us today to discuss your situation and get the guidance you need.
