No-Fault Divorce: The Case Against Repeal

Authors

Joanna L. Grossman, Southern Methodist University, Dedman School of LawFollow
Elicia Grilley Green, Southern Methodist University, Dedman School of LawFollow

Files

Description

The Texas Legislature has recently been presented with House Bill 93 (“HB 93”), which aims to eliminate no-fault divorce for individuals seeking a divorce without the consent of both parties.

This paper refutes every argument made by supporters of the bill, showing why no-fault divorce is an appropriate and necessary option for the dissolution of an unsustainable marriage. The best argument against HB 93 is the history of fault-based divorce itself, which demonstrates the bill’s flaws in spades. Fault-based divorce neither lowers the divorce rate, nor alleviates the effects of divorce on children. There is no contractual or constitutional right to stay married over the objections of one’s unhappy spouse, nor any “due process” right to defend oneself against the claim that the marriage has failed. Moreover, the legal and constitutional objections to fault-based divorce have no basis in law, policy, or logic. In fact, the proposed change to no-fault divorce raises more concerns than it addresses.

Publication Date

2018

Publisher

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

Disciplines

Family Law | Law

Recommended Citation

Grossman, Joanna L. and Green, Elicia Grilley, "No-Fault Divorce: The Case Against Repeal" (2018). Publications. 3.
https://scholar.smu.edu/hunterpublications/3