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Beyond the 806

No-fault divorce may be targeted in Texas and experts warn it could raise risks - NBC 5 Dallas-Fort Worth

No-fault divorce may be targeted in Texas and experts warn it could raise risks - NBC 5 Dallas-Fort Worth

Texas Republicans have listed ending no-fault divorce as one of their top policy goals for the upcoming legislative session, a shift that would affect every county in the state, including Lubbock County courts. For decades, Texas has let spouses split without proving anyone caused the marriage to fail.

For decades, Texas has let spouses split without proving anyone caused the marriage to fail. The GOP frames scrapping it as a way to strengthen families, but the change would replace a simple legal process with one that demands proof.

SMU law professor Natalie Nanasi explained what fault-based divorce would require instead. Someone would have to show a specific reason the marriage broke down, like adultery or what Texas law calls cruelty, which can include family violence. That's a much higher bar than what Texas couples deal with now.

For people here, this isn't abstract. Lubbock County family courts handle no-fault filings regularly, and anyone going through a split would suddenly need to build a legal case against a spouse instead of simply stating the marriage isn't working. Proving fault takes time, money and evidence, and attorneys warn that requirement could trap people in bad or dangerous marriages longer.

The proposal hasn't passed yet. It's a stated priority heading into the session, not law. Family law attorneys across the state, including ones who practice in Lubbock, are already watching closely.

A simple form now could turn into a courtroom fight later, and nobody's sure yet how many Texas marriages that would keep glued together against their will.

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