Texas Republican Senator Matt Krauss has filed a bill that would end no-fault divorces in his state. The Fort Worth representative is hoping that his proposal will be prioritized in the deliberations once the 2017 legislative session opens after the holidays.
Matt Krauss believes that due process must be upheld to strengthen family relations. "I think we've done a terrible job, sometimes in our own lives and own quarters, of making sure we do what we can to strengthen the family," he said, according to KXAN.
Under no-fault divorce, the breakdown of the marriage is not blamed on either party. In the Texas Family Code, this is defined as "insupportability," or where the spouses are in agreement that the marriage is no longer working out.
Thus, no proof is required to show the courts which spouse is liable for the marriage's breakdown, according to Dallas Texas Divorce. The spouses also agree to a 50-50 split of finances, assets and properties.
A no-fault #divorce can be arranged easier, although the terms of the divorce can be contested with respect to children and finances.
— Divorce Law in US (@DivorceLawUS) December 15, 2016
Several states have a no-fault divorce clause and over 90 percent of divorcing couples use this ground to facilitate the end of their marriage as soon as possible, according to family lawyer Slav Talavara. Matt Krauss wants this trend to end in the hopes of protecting the sanctity of marriage.
"There needs to be some kind of mechanism to where that other spouse has a defense," he said, citing that all divorce proceedings must still undergo due process. He is also proposing that the divorce waiting period in Texas should be 180 days, as opposed to the current 60 days.
Critics of his bill, however, said that this will only worsen the sufferings of a divorcing couple. "Forcing people to stay on a miserable situation is awful, what does that teach the children involved?" one commenter said in a discussion on the senator's Facebook page. "Ending no-fault divorces is not going to lower the marriage or divorce rate. It will however further clog an already backlogged judicial system," another said.
"This bill is not a panacea for the problem in society," Matt Krauss replied in the discussion. "I just believe the benefits of the bill outweigh the concerns."
What do you think of this proposal? If you're from Texas, share your thoughts in the comments!
