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Proposed Bills Would Increase Cost of Texas Divorce, Impact Privacy

Proposed-BillsTwo changes to Texas divorce law proposed by Republican Matt Krause would significantly increase the time and cost involved in a divorce, and would have a devastating impact on the privacy of individuals involved in divorce proceedings. Krause has filed SB 93, which would eliminate “insupportability” as a legal cause for divorce in Texas, effectively doing away with no-fault divorce in Texas. The other proposed statute, HB 65, would extend the current 60 day waiting period to 180 days for couples with minor children.

Under the current law in Texas, a party seeking divorce must provide a reason, but can cite “insupportability” as the cause, essentially saying that the bonds of marriage have been broken and the differences are irreconcilable. If Krause’s proposed law is adopted, that option will no longer be available and parties will have to cite one of the following reasons:

  • Adultery
  • Abandonment for a minimum of one year
  • Failure to cohabitate for at least three years
  • Commitment to a mental hospital
  • Cruelty
  • Conviction of a felony

Warren Cole, president-elect of the Texas Family Law Foundation, says the proposed statute, if enacted, would necessarily lead to significant increases in the cost of a divorce, as parties would have to spend money to prove adultery, abandonment or one of the other causes. He says that simply making it harder for people to get a divorce doesn’t get at the issue of whether or not the marriage is working, and that forcing parties to stay in an unhealthy relationship because they can’t afford a divorce serves no meaningful purpose. He also notes that parties who cite insupportability often do so to avoid publicly accusing a spouse of infidelity. If the law passes, he says, all that dirty laundry will have to be a matter of public record.

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