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Can there be a no fault divorce?

by | Jan 2, 2017 | Divorce, Firm News

In Texas there  is a lawmaker who is trying to make a push in the legislature for a no fault divorce.  This would mean that there needs to be a reason for getting a divorce in the state of Texas.  What this Texas lawmaker wants to do is make the family stronger and less likely for people to go to court and get a divorce.  Usually in Texas people go to Court and just file for divorce and get their personal property divided and that is it.

However, one Texas lawmaker has decided it was time to change the no fault divorce in favor a more traditional and difficult way to get a divorce.  This lawmaker wants to uphold the institution of marriage and make if more difficult for people to dissolve the marriage.  The family has deteriorated over time with the easy access to the court system and its quick mechanisms for terminating the marriage relationship.  Is this a good idea? well, time will tell if this lawmaker gets his way.  A divorce that would need to be brought to court and have a judge decide the fate of a marriage can be both positive and negative.

The negative side of having to find a fault with a divorce would be that the court system would definitely be more crowded.  A court system that is already burdened by too many litigants will be further inundated by people having to present a divorce case in Court.  What if the Judge decides there is no fault? Does that mean people will remain married because one party doesn’t want to get divorced.  That would a rather heinous result of this fault based divorce.

The positive side would be that people would have to work harder potentially on their relationships and not be so quick to dissolve a marriage that maybe had lasted several years.  In addition, if their were children involved and many financial assets involved a divorce would be quite devastating.  Maybe the Court needs to get involved to keep a marriage together.  Once children are involved is it fair to the child to have  parents escape their nuptial ties in lieu of other selfish motives likes another significant other in their life?

Having seen the downside of divorces and the nastiness that follows and how the children of a divorce suffer greatly maybe their has to be a better method than a quick out for the divorce.  Maybe people need to put more effort in their relationship and make changes in their lives when some difficulties may occur.  Divorce should not be that easy.  Possibly a waiting time period or mandatory therapy should be legislated so that people take the divorce more seriously and maybe they can learn to get along rather than fight.

In the end, I believe it will be very difficult to control a persons relationships with one another.  As sacred as marriage is in American society, divorce is taken way less seriously and almost nonchalant, which is quite ironic. We need to sit down with one another and respect each others needs in a relationship and at least try to make changes to what our society views as so precious.