Legislative Threat to Texas “No Fault” Divorce

In the current Texas Legislative session, House Bill 93 would repeal the “no-fault” divorce provision in the Texas Family Code (i.e. repeal the “insupportabiity” ground for divorce, which only requires testimony of one spouse that the legitimate aims of marriage have been destroyed and there is no reasonable chance of reconciliation).  The Texas State Bar took a survey of Texas attorneys on their  perspective on whether Texas should repeal the “no-fault” divorce provision and what it might mean.  The survey results included the following:

  • 93% of attorneys who responded to the survey opposed the repeal of the no-fault divorce provision.
  • 94% of attorneys who responded believed repeal of the no-fault provision would increase the attorney fees required for divorce and/or prolong the litigation (noting the current minimum is 60 days must elapse since the filing of an Original Petition for Divorce before a Texas Court has authority to grant a divorce).
  • 64% of attorneys who responded said repeal of the no-fault provision would give an advantage in litigation to a spouse who did not want to divorce.

Whatever your political views, know that this issue is being debated in the current legislative session.  While the bill has yet to make it out of committee (at time of this blog), the fact that a no-fault divorce option has been in existence in Texas since the 1970s and is now being considered for repeal is serious. Contact your Texas Representative and Senator and express your opinion on House Bill 93. 

Author Jim Cramp is a retired active duty colonel and the founder and principal attorney at the Cramp Law Firm, PLLC.  The firm provides a spectrum of family law-related services to clients in the greater San Antonio region, across the United States and throughout the world.  The firm specializes in Federal Civil Service and Military Divorce matters.