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Texas lawmaker wants to end no-fault divorce

Those who have gone through dissolution in Texas know how emotional and stressful the whole process can be. When a couple is going through the end of a marriage, they can choose to list why the it is necessary or have it be listed as a no-fault divorce. A Fort Worth lawmaker is seeking to end the no-fault divorce option for Texas couples.

A no-fault divorce option is one where the couple agrees neither one is responsible for the break-up of the marriage. January is historically one of the biggest months for divorce; however, republican lawmaker Matt Krause of Fort Worth wants to make it harder for a couple to get divorced by eliminating no-fault divorces. The bill he is expected to propose will require a person to have a reason for a divorce which can include adultery, cruelty, felony, confinement to mental hospital or abandonment. If a couple wants to end their marriage amicably, they must live separately for 3 years before filing for divorce.

Representative Krause believes that society needs to value marriage more than it does and needs to help keep families stable with both spouses together to ensure kids have better outcomes. He believes society benefits from having families stay together as opposed to getting divorced. He proposed similar legislation in 2015 but it failed to reach the floor.

Opponents believe this bill infringes on personal freedom and will force people to spend more in divorce fees in order to justify the divorce. If his bill passes, Texas would become the first state to not have no-fault divorces since New York approved no fault divorces in 2010.

Having a no-fault divorce clause in Texas is beneficial to many couples going through a divorce which can be full of emotions and disputes. Although Representative Krause's bill may be a long-shot in the Texas legislature, it is something Texas couples may want to be aware of.

Source: houstonchronicle.com, "Fort Worth lawmaker wants to end no-fault divorce in Texas," Andrea Zelinski, Dec. 23, 2016

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Attorney Christine K. Lincoln

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