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For the past two legislative sessions, the Texas Legislature has explored the repeal of no-fault divorce in the state. This paper explains why such action would be detrimental to the more than five million survivors of domestic violence in Texas. Briefly stated, requiring proof of fault in order to obtain a divorce imposes financial burdens that trap victims in abusive relationships and increases the risk of harm and lethality.

The economic impacts of repealing unilateral no-fault divorce will adversely affect not only victims of domestic violence but also the State of Texas itself. By its nature, fault-based divorce is significantly more expensive than no-fault divorce. The high costs associated with proving a fault ground will become a barrier to divorce for survivors of domestic violence, particularly the 94 to 99 percent of victims who experience economic abuse along with physical violence and therefore lack access to financial resources. Furthermore, the under-resourced family court system will face mounting burdens as fault-based divorces alleging domestic violence are more likely to be contested. These contested fault-based divorces not only clog the dockets of judges but also impose significant demands on court personnel who must guide and advise pro se litigants (who comprise the majority of litigants in family court) through complex divorce proceedings. Lastly, if fault-based divorce is cost-prohibitive for survivors and they are trapped in abusive relationships, the costs of domestic violence to the State of Texas – such as medical and mental healthcare and shelter stays – will increase as well.

Finally, the repeal of no-fault divorce will also increase the risk of lethality and psychological harm to domestic violence victims and their loved ones. In 2016, 40 percent of women murdered in Texas were attempting to leave their relationships. The data suggest that in a fault-only system, a victim may be deterred or prevented from getting a divorce, forcing her to remain in an abusive relationship due to a fear of retaliation coupled with the lack of sufficient evidence necessary to prove fault. Furthermore, the requirements of the fault-based system re-victimize survivors of domestic violence by compelling them to re-live their traumatic experiences in the courtroom and allowing their abuser to use the justice system to perpetuate a cycle of power and control. Finally, a fault-based regime that prevents women from escaping abuse also traps their children in hostile environments where they may be subjected to physical violence or develop health and behavioral issues due to the stress of living in an abusive home.

In consideration of the significant hardships to both victims of domestic abuse and the State of Texas that would result from a repeal of no-fault divorce, any bills proposing repeal should not be enacted into law.

Publication Date

2018

Publisher

Judge Elmo B. Hunter Legal Center for Victims of Crimes Against Women

Disciplines

Family Law | Law

Repealing No-Fault Divorce Would Harm Survivors of Domestic Violence in Texas

Included in

Family Law Commons

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