No fault divorces come under attack in the Texas legislature


Fault-based divorces in Texas fall into one of six categories. Namely, adultery, cruelty, abandonment, a felony conviction, confinement to a mental hospital, or living apart for at least three years. According to family law attorney Slav Talavara, around 90% of divorce cases in the state use grounds of insupportability. These are more popularly known as “no fault divorces.”

No fault divorces are akin to couples admitting they could no longer work on their marriages and agreeing to divide their assets equally. Texas State Representative Matt Krause (R – Fort Worth) filed a bill to end no fault divorces. He hopes to tackle the supposed issue during the 2017 legislative session. Krause also filed a measure to maximize the waiting period for a divorce to 180 days from 60 days to make the divorce process longer. This move would also make the battle over property, custody, and financial assets harder. What’s more, this action would increase attorney fees, all to discourage couples from divorcing.

Our attorneys at Kirker Davis LLP are proud of our ability to settle a family legal case and resolve it amicably between spouses. Speak with a qualified member of our legal team by calling our Austin offices today at (512) 598-0010.


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