Jamie Graham & Associates, PLLC

State representative wants to end no-fault divorce


At present a Texas resident may pursue a divorce based on a fault or no-fault claim. Fault grounds can include abandonment, cruelty and others while no-fault simply claims that a couple can no longer live as a married couple in an insupportable relationship. More than 45 years ago the state instituted the no-fault means of pursuing a divorce to reduce the amount of acrimonious litigation that was plaguing the family law courts.

Now, however, a state representative wants to repeal the state's no-fault grounds for divorce and leave only fault grounds on which to base future marital dissolutions. He has filed his bill to end no-fault divorce on behalf of children who may be affected by divorce and believes that the number of divorces across the state may reduce if the bill is made into law.

While it is clear that the number of statewide divorces did increase when no-fault grounds became available, it is also important to note that many divorces proceeded with civility and candor under the then-new divorce basis. Prior to the availability of a no-fault divorce partners to a marriage often had to turn against each other so that they could prove each other's bad behavior to secure a divorce; now a couple may keep its private matters out of court and opt for a more discreet method of ending marriages.

The end of no-fault divorce may in fact reduce the number of divorces across the state but readers are encouraged to learn more about this interesting issue. Family law attorneys are excellent resources for people who want to understand divorce and the grounds on which they may base their claims.

Source: austinchronicle.com, "Bill of the Week: No-Fault Divorce on the Chopping Block," Mary Tuma, Jan. 27, 2017

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