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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.

In contrast, Texas law also recognizes seven statutory grounds for fault-based divorces, which include:
  • 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?

A no-fault divorce means that neither spouse has to prove the other did something wrong to cause the marriage to end. In Texas, the courts recognize “insupportability” as a valid reason for divorce. This simply means the marriage can’t continue due to disagreements or conflicts that cannot be resolved.
Black and white photo of a distressed man sitting on the bed with his partner blurred in the background, indicating marital issues

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.
High-angle shot of hands holding wedding rings over a divorce decree, representing the dissolution of a marriage in Texas
This approach is intended to reduce conflict, save time and money, and provide a more amicable path to ending a marriage.

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.
Understanding the concept of no-fault divorce in Texas can make the divorce process less overwhelming. While changes to the law may be on the horizon, it’s important to explore all available options for ending a marriage in a dignified and efficient way.

The Potential Impact of Removing No-Fault Divorce in Texas

The push to eliminate no-fault divorce in Texas is driven by the desire to strengthen families and reinforce marriage vows. However, the removal of this option could lead to several unintended consequences for couples who are unable to reconcile.
Crying child sitting alone while parents argue in the background, illustrating the emotional 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.

Research also suggests that removing no-fault divorce laws could have broader societal impacts. A 2010 study by the University of Pennsylvania found that when New York was considering no-fault divorce, incidents of domestic violence dropped by 30%, and the suicide rate among married women decreased by as much as 16%. These findings highlight the potential risks of eliminating the no-fault option.

How Tess House Law Can Help You Navigate These Changes

If the no-fault divorce option is removed in Texas, couples may face more contentious and adversarial divorce proceedings. However, there are alternatives to a drawn-out legal battle. At Tess House Law, we advocate for healthier, less adversarial options such as mediation and Collaborative Divorce, which allow couples to resolve their differences outside of court.
Attorney Tess House with firm logo and slogan 'We protect families' for Tess House Law, PLLC.
Our team is committed to reducing conflict and providing compassionate, professional, and rigorous representation. We prioritize your interests and work to guide you through the Texas divorce process in a proactive, comprehensive, and low-stress manner. As the proposed legislation moves through the Texas courts, consulting with an experienced attorney from Tess House Law can help you understand your options and make informed decisions.

Moving Forward with Understanding and Support

Understanding the concept of a no-fault divorce in Texas can make the divorce process less overwhelming. It allows couples to part ways without placing blame, which can lead to a more amicable resolution. If you’re considering divorce, understanding your options is crucial to making the right decisions for your future.

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.

Visit us at 6840 San Pedro, San Antonio, Texas 78216, or call us at (210) 249-2985 to schedule a consultation.

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Tess House Law

Author Tess House Law

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