All fifty states offer an option for no-fault divorce. But only seventeen are considered true no-fault divorce states. A no-fault divorce is exactly what it sounds like. It is both parties deciding they no longer want to be married, and agreeing to end the marriage without having to prove that one or both spouses engaged
The Texas Legislature convenes every two years, with 2019 being one of those. Each session, proposed new laws get introduced that will affect family law in Texas. It is expected that a bill will be introduced to remove no fault divorce and require proof of fault grounds for all Texas divorce and extend the waiting period to finalize a divorce (currently 60 days). Neither of these proposals are expected to gain much traction. Reform of the child protective services system will, however, be a hot topic for the legislative session given all of the litigation there has been criticizing how CPS handles matters ineffectively.Continue Reading Changes from 2018 and looking ahead to 2019 for Texas family law
A client recently asked about divorcing her husband who was pending felony criminal charges. Texas is generally a no-fault divorce state. This means that one spouse may seek and be granted a divorce based solely on the irreparable breakdown in the marriage relationship without showing anything else. However, Texas allows for a fault-based divorce decreed…
Happy International Women’s Day!
Of the many big and small inequalities, we cannot overlook the right of a woman to end a difficult marriage. While divorce may be common place and social acceptable for women today, it has not been that way in history.
Throughout modern time, divorce could only be granted if one spouse…
A 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…
This is another in my Super Simple FAQs series…
What is adultery in Texas?
Adultery is a legal term in Texas that means the voluntary sexual intercourse of a married person with one not the spouse. Texas Family Code § 6.003. Adultery does not have to…
As divorce attorneys in the Dallas area, we are unfortunately familiar with the harsh reality of domestic violence.
Continue Reading Dallas Mayor’s Rally Against Domestic Violence This Saturday
What is “insupportabilty”? We often encounter this question from new or prospective clients. According to the Texas Family Code: “the court may grant a divorce without regard to fault if the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.” Tex. Fam. Code §6.001. But what does this really mean?
Continue Reading Insupportability deciphered: the plain English of “no fault” divorce in Texas
Recently there has been quite a bit of media exposure over alienation of affection claims arising out of a North Carolina Court. Under the case in North Carolina, the mistress who was allegedly responsible for breaking up a 30 year marriage was sued by her lover’s ex-wife and awarded $9M in damages! North Carolina is one of seven states to recognize alienation of affection claims, in which spouses can sue third parties that they allege interfered in their marriages. Texas, however, does not recognize alienation of affection claims in divorce cases.
Continue Reading No Alienation of Affection Claims In Texas
While it doesn’t make the late night talk shows or celebrity gossip sites, texting frequently leads to big trouble for people who are not Tiger Woods. A text message with a paramour can reveal an extramarital affair to the unsuspecting spouse who accidently comes across it, or confirm the suspicions of a suspecting spouse who looks through their cheating spouse’s phone. After a divorce is filed, text messages provide powerful and often embarrassing evidence of infidelity by the cheating spouse during the marriage.
Continue Reading A Divorce Lawyer’s Take on Tiger’s Texting Troubles