Relating to a divorce on the ground of insupportability.
If enacted, this amendment would primarily affect couples seeking to dissolve their marriage amicably, allowing them to do so more efficiently. The law will only apply to divorce suits filed after the effective date of the bill, which is September 1, 2021. Those who filed before this date will continue under the previous laws regarding divorce, which still require an examination of fault, thereby creating a potential divide for couples based on their filing date.
House Bill 3188 amends Texas Family Code Section 6.001, aiming to streamline the divorce process by allowing for a divorce without the need to prove fault, provided both parties agree that their marriage is insupportable. This change is based on the notion that there may be irreparable discord or a conflict of personalities that prevents reasonable expectations for reconciliation. By introducing this provision, the bill seeks to reduce the emotional and financial strain typically associated with divorce proceedings where fault must be established.
There are notable discussions around this change, particularly regarding its implications on the traditional view of marriage and divorce. Some advocates argue that the bill reflects a modern understanding of relationships and promotes personal liberty by easing the divorce process. Conversely, opponents may express concerns about potential misuse, where individuals might opt for a no-fault divorce in situations where fault could and should be addressed, particularly in cases involving children or issues such as financial misconduct.