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New Bill Would Require Fault-Based Divorce in Texas

Posted on in Complex Divorce

Texas divorce attorney, Texas complex litigation lawyerRecently, a Texas legislator proposed a bill that, if passed, would make it much more difficult for couples to obtain a divorce in the state, so if you are considering a divorce and have questions or concerns about the filing process, it is important to contact an experienced complex divorce attorney who can help protect your interests.

Fault-Based Divorce

Texas has been a no-fault divorce state since the 1970s. This means that couples who wish to legally separate do not need to file for divorce based on the fault of one party. Instead, the parties can obtain a divorce based on the grounds of “insupportability," which does not require proof of fault. If passed, the newly proposed bill would require divorcing couples to assert that one of the parties was at fault for the divorce, which could include any of the following reasons:

  • Adultery;
  • Cruelty;
  • Abandonment;
  • Three-year separation;
  • A felony conviction; or
  • Confinement to a mental health institution.

Although couples would still be allowed to file for divorce on the basis that the marriage is insupportable, they would also be required to establish that they had been separated for three years before doing so. Currently, parties are only required to comply with a 60 day waiting period to obtain a divorce.


Although the new bill is aimed at reducing the rate of divorce in the state, many critics believe that the law would only cause additional problems for divorcing couples. For instance, it is posited that increasing the waiting period would only raise the cost of the already expensive process of divorce. Furthermore, couples wishing to avoid this waiting period may attempt to file for divorce based on fault, which significantly increases the likelihood that divorce proceedings will be contentious, time-consuming, and stressful, which can have especially devastating consequences for the emotional health of any children of the marriage.

Finally, some argue that by eliminating no-fault divorce, the state risks deterring many victims of domestic violence from escaping their abusers and filing for divorce. For example, many victims may fail to file out of fear that they would have to go through the painful and expensive process of establishing cruelty or wait the full three-year waiting period.

Contact Us Today to Speak with an Experienced Complex Divorce Attorney

At Powers and Kerr, PLLC, we understand that divorce is a stressful and emotional process and do our best to help our clients by ensuring that the process goes as smoothly as possible, while also aggressively representing their interests. If you are considering filing for divorce, please contact us to speak with one of our experienced and compassionate Round Rock complex divorce attorneys.




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