Divorce-rate2A state legislator from Fort Worth wants to make it harder to get a divorce in Texas. Rep. Matt Krause, R-Fort Worth, has filed a bill for the legislative session starting in January, proposing to require a party to state a fault reason for divorce or to remain separated for at least three years before finalizing the divorce. (See Lawmaker wants unhappy couples to live apart for 3 years before they can divorce http://www.star-telegram.com/news/nation-world/national/article124180949.html#storylink=cpy) Currently, Texas law allows parties to divorce on the grounds of insupportability — a no-fault finding — with only a 60 day waiting period. If the new law is passed, parties would have to say a reason for the divorce as opposed to a general statement that the parties relationship is irreconcilable. Or, to divorce on grounds of insupportability, they would have to separate for minimum of three years. Kraus thinks it should be more difficult to get a divorce and that the new law will strengthened the sanctity of marriage.

I seriously doubt that this law will pass. No-fault divorce has been in place since the 1970’s (when Texas’ family law code was created) and many people, including many of the currently serving state legislators, have divorced under the law. Instead of litigating over the question of which party caused the divorce, most parties currently just agree to irreconcilable differences and get on with the more important issues of parenting time and division of property.

If this law were to pass, I think it would have two unintended consequences. First, I think it would serve to raise the contentiousness of most divorces, raising the cost of an already expensive process. Second, it would have a chilling effect on many victims of domestic violence escaping their abusers.

In reference to the elimination of fault requirements in New York in 2010, Betsy Stephenson, an economist at the University of Pennsylvania who studies divorce, believes that no-fault divorce benefits women, particularly domestic violence victims. No-fault divorce laws lead to a 30% decrease in domestic violence because it makes it easier for the victim to escape their marriages. It also makes the abuser less likely to act because they are aware that their spouses would leave them. No-fault divorce also makes women less likely to commit suicide, says Stephenson. (See No Fault Divorce: good for women http://www.salon.com/2010/06/17/no_fault_divorce_new_york/ )

Some opponents of fault-divorce claim that no-fault divorce raises the likelihood of divorce and harms the sanctity of marriage. Quite the opposite, according to statistics. Actually, divorce rates began to rise in the 1950’s and peaked in the early 1980’s, all when fault-based divorce was still the majority. In the 1970’s to the present, as all states in the U.S. transitioned to no-fault divorce, the divorce rates have decreased. (Discussion at Religion News Service http://religionnews.com/2013/04/24/what-hath-ssm-to-do/ ).

If Texas were to pass this women-unfriendly bill, it would be the only state in the U.S. to require a fault finding to get divorce, setting back women’s rights by at least 40 years. (See http://family.findlaw.com/divorce/an-overview-of-no-fault-and-fault-divorce-law.html)

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Photo of Michelle O'Neil Michelle O'Neil

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes…

Michelle May O’Neil has 27 years’ experience representing small business owners, professionals, and individuals in litigation related to family law matters such as divorce, child custody, and complex property division. Described by one lawyer as “a lethal combination of sweet-and-salty”, Ms. O’Neil exudes genuine compassion for her client’s difficulties, yet she can be relentless when in pursuit of a client’s goals. One judge said of Ms. O’Neil, “She cannot be out-gunned, out-briefed, or out-lawyered!”

Family Law Specialist

Ms. O’Neil became a board-certified family law specialist by the Texas Board of Legal Specialization in 1997 and has maintained her certification since that time. While representing clients in litigation before the trial court is an important part of her practice, Ms. O’Neil also handles appellate matters in the trial court, courts of appeals and Texas Supreme Court. Lawyers frequently consult with Ms. O’Neil on their litigation cases about specialized legal issues requiring particularized attention both at the trial court and appellate levels. This gives her a unique perspective and depth of perception that benefits both her litigation and appellate clients.

Top Lawyers in Texas and America

Ms. O’Neil has been named to the list of Texas SuperLawyers for many years, 2011-2018, a peer-voted honor given to only about 5% of the lawyers in the state of Texas. In 2014-2018, Ms. O’Neil received the special honor of being named by Texas SuperLawyers as one of the Top 50 Women Lawyers in Texas, Top 100 Lawyers in Texas, and Top 100 Lawyers in DFW. She was named one of the Best Lawyers in America for 2016 and received an “A-V” peer review rating by Martindale-Hubbell Legal Directories for the highest quality legal ability and ethical standards.

Author and Speaker

A noted author, Ms. O’Neil released her second book Basics of Texas Divorce Law in November 2010, with a second edition released in 2013, and a third edition expected in 2015.  Her first book, All About Texas Law and Kids, was published in September 2009 by Texas Lawyer Press. In 2012, Ms. O’Neil co-authored the booklets What You Need To Know About Common Law Marriage In Texas and Social Study Evaluations.  The State Bar of Texas and other providers of continuing education for attorneys frequently enlist Ms. O’Neil to provide instruction to attorneys on topics of her expertise in the family law arena.