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Does no-fault divorce ease complex property division?

One Texas state Representative is pushing hard to end no-fault divorce in the state. Representative Matt Krause believes that when couples have a clear path to divorce, they fail to take steps to try and save their marriages. In order to force couples to slow down and give their union a full and fair evaluation, Krause proposes removing no-fault divorce from state law. For many in Texas, that could make complex property division issues even more difficult to manage.

Texas allows couples to file for divorce by citing "insupportability." That legal term simply means that both spouses agree that they can no longer bear to remain married. No party has to prove that the other has done something to violate the marriage, and no one has to be placed in the position of being at "fault" for the union's demise.

No fault divorce is viewed by many as a simpler, easier path to divorce when both parties agree that the marriage cannot be saved. It avoid having to take a contentious stance in the matter, which all-too-often leads to a great deal of stress and bitterness. Those who support no-fault divorce point out that there is no scientific data that shows that putting roadblocks in the path of divorce saves marriages.

For those in Texas who are preparing to divorce, this proposed legislation could have a significant impact on their future plans. This is especially true for couples who are facing a complex property division process, and who want to work through those issues in a collaborative manner. Being able to divorce without beginning that process in an adversarial stance is a good way for both spouses to reach their individual and shared goals.  

Source:, "Much fault in junking no-fault divorce", Maria Anglin, Jan. 7, 2017

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