State Representative Matt Krause (R) filed SB 93 and HB 65. SB 93 aims to strike out no foul or insupportability divorce filings.
"You've got to allege some type of fault, grounds such as abandonment, adultery, mental cruelty and the like," said family law attorney and president elect of the Texas Family Law Foundation Warren Cole.
Cole said repealing the no fault filing will also force couples to air out their dirty laundry. Most divorce filings cite "insupportability" as the reason, in part to maintain a level of privacy.
"To expose their children to that, especially fosters one parent who continues to hold a grudge against the other parent. It defeats effective coparenting, if you will," said Cole.
Krause said he decided to file the bill because the "insupportability" filing makes it just too easy for couples to give up and to divorce.
"I think this just reinforces the sanctity of marriage," said Krause. "I think when we went to no-fault divorce in the 1970s, it in some ways cheapened the institution of marriage."
Krause also filed HB 65, which pushes out the 60 day waiting period for a divorce to 180 days if a couple has children under the age of 18.
Cole said the two proposed bills will not only make it more expensive to get a divorce, since it will cost more to prove infidelity, abuse, etc, but it will also clog up the already backed-up family court system. Most trials will mean longer waiting times for litigants.
"Whether or not we pass it or not, I think it's a good debate to be had on the House floor about the effects of no-fault divorce on society, how we can continue to strengthen our families, and what we can do as a state to do that," said Krause.