Bill Could Change the Face of Divorce in Texas

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Barbara D. Nunneley
1845 Precinct Line Road, Suite 100
Texas 76054 
United States

Hurst, TX, May 18, 2017 – A bill working its way through the Texas Legislature wouldn’t eliminate “no-fault” divorces entirely, but it would make the option much more difficult. Intended to help preserve the family structure while providing more stability for children, the legislation has its share of opponents and detractors. There are several points related to the bill those considering divorce in Texas do need to be aware of.

“Current Texas statutes allow for both no-fault and fault divorces, but the vast majority of cases move through the system as no-fault,” explains Barbara D. Nunneley, the founder of Nunneley Family Law. “This option enables couples to divorce without assigning blame for the breakdown of the marriage and tends to be a quicker process to endure. The proposed legislation would take this option off the table for couples with children or in unilateral cases.”

Under the proposed legislation, couples with children would have to cite and prove causation. Accepted fault reasons would include cruelty, living apart for more than three years, abandonment, conviction of a felony, adultery and confinement in a mental hospital. The burden of proof would fall on the petitioning spouse. Should adequate proof not be provided, a judge would have the ability to deny a divorce petition.

Proponents of the bill say it would help reduce heat-of-the-moment divorces while potentially helping preserve families. Opponents fear it will make the divorce process much costlier for petitioners. Worries also center around the allowable causations and the difficulty that may be faced in providing adequate proof. While incarceration and committal are easy to prove, cruelty, for example, is less well-defined.

“While the bill’s fate has yet to be decided, the proposal is one Texas family lawyers are following closely,” says Nunneley. “Whatever the outcome, divorce attorneys will stand at the ready to help spouses navigate the legal system.”

To find out more about divorce laws and how they might apply in your case, contact the Texas divorce lawyers at Nunneley Family Law or visit the practice online at

About Nunneley Family Law Firm

Nunneley Family Law has been helping families in the Fort Worth and Mid-Cities area resolve complicated family law issues for over 35 years. Their team of professionals provides the clarity and focus you need to break through the turmoil and reach equitable and fair closure.

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