Proposed Texas Bill Would Make Divorce More Difficult

Texas lawmakers are pushing to pass two bills that would make it more difficult for couples to get a divorce in the Lone Star State

Bills HB 65 and SB 93, championed by Rep. Matt Krause (R), would extend the waiting period for a divorce from 60 days to 180 days and eliminate no-fault and insupportability divorces.

Insupportability simply means the party finds his or her partner to be intolerable.

If both bills pass, couples would need to prove some type of fault to be granted a divorce. Mental cruelty, abandonment and adultery would be grounds for divorce. Removing insupportability would also make the details of the divorce public. Many couples cite "insupportability" as a way to maintain privacy during a divorce.

If the proposed bills pass, couples would need to prove that one party is at fault for the divorce. If the party cannot prove that his or her spouse was at fault, the only other option is for the couple to live apart for a minimum of three years before filing for divorce.

Krause said current divorce laws make it too easy for couples to throw in the towel and give up on their marriage.

"I think this just reinforces the sanctity of marriage," Krause told ABC 13. "I think when we went to no-fault divorce in the 1970s, it in some ways cheapened the institution of marriage."

HB 65, which would extend the wait period for getting a divorce, would apply to couples with children under the age of 18.

The proposed changes to Texas divorce law will drive up the costs of divorce, as parties will be forced to spend more to prove abuse, infidelity or other grounds for divorce. The changes would also clog up the family court system, which is already backed-up.

"Whether or not we pass it or not, I think it's a good debate to be had on the House floor about the effects of no-fault divorce on society, how we can continue to strengthen our families, and what we can do as a state to do that," Krause said.

In the United States, divorce rates have been steadily declining. In 2014, there were 3.2 divorces for every 1,000 people. In 2000, there were 4 divorces for every 1,000 people.

In Texas in 1970, the rate of divorce was 4.6 per 1,000 people. In 1981, divorces peaked at 6.9 per 1,000 people, according to state records. Divorce rates began to decline in the 1990s in Texas. By 2014, the state's rate had fallen to 2.7 per 1,000 people.

Elizabeth Parmer, a family law attorney in Fort Worth, said the bill would "do absolutely nothing to help families in Texas" and called the measure "regressive in nature."

"This proposal would have more divisive divorces with worse relationships between parents at the end and angrier people," she said.

Parmer said the only group that would benefit from the proposed measure is attorneys. The cost of divorce would rise, as couples would spend more time in court trying to prove the "bad acts" of the other party.