There are two new bills currently in the Texas Legislature which are aimed at making getting a divorce in Texas more difficult.
Texas House Bill 93 would remove the ability to get a divorce based on “insupportability.” Insupportability is the basis for most divorces and allows party to divorce without assigning fault. Instead, a spouse would have to prove the other party was at fault for the breakup of the marriage based on things such as adultery, abuse, abandonment, etc.
Texas House Bill 65 would increase the divorce waiting period in Texas from 60 days to 180 days if the couple has a child. Even agreed or uncontested matters would require the 180 days waiting period.
Both bills aim to make getting a divorce more difficult but would come with significant issues. Forcing couples to prove fault means the spouses are going to spend much more in attorney fees to prove his or her case. Proving fault would also mean that more cases would go to trial which backs up the family court system and means the divorce process would take much longer.
Additionally, the waiting period also means more attorney fees because the attorneys are on the case longer. The waiting period would delay a person’s ability to move on with their life and increase the uncertainty that comes with not having a final resolution.
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