TEXAS NO-FAULT DIVORCE IN A NUTSHELL
No-fault divorce means a No-fight divorce—uncontested. Nolo contendere.
In 1969 the Texas legislature enacted no-fault Insupportability to improve court
administration for divorces which were uncontested. The statutory scheme
left two other "no-fault" grounds in addition to four "fault" grounds for those
who wanted to contest the granting of a divorce.
The no-fault statutory language was quickly misconstrued in trial courts as incontestable "divorce on demand" when it was published apart from the draftsmen's commentary which accompanied it to the Texas Legislature. The statute's text did not specifically carry the words "only when uncontested." It was worded "without regard to fault." At the time, in the divorce context, "fault" also meant "fight." "Fault" meant an innocent spouse accusing a guilty spouse in a court battle, and the shorthand "no-fault" meant "no-fight," or "uncontested." This was clearly understood at the time of enactment in 1969. The "uncontested" element was clarified in commentary as the statute was presented to the Texas Legislature. Click here to read the 1969 legislative commentary for yourself in one page.
However, without revisiting the draftsmen's legislative commentary, Texas lower appellate court cases also misconstrued Texas no-fault Insupportability as incontestable "divorce on demand," looking for guidance to appellate courts in other states who did the same with their own "no-fault" divorce statutes. An appellate case opinion on 11/21/01 finally found the no-fault statute unconstitutional--but in a dissenting opinion. Click here to see the 11/21/01 opinion (Justice Kem Thompson Frost's dissent starts on p. 14)
The Texas Supreme Court has been asked several times to correct the misunderstanding, but they refuse to review the statute. And no wonder. Many no-fault divorces are legally invalid. What would that news say about their ability to administer Texas laws? Click here to see the Texas Supreme Court docket sheet denying review of Justice Kem Thompson Frost's capable legal scholarship on April 25, 2002.
The book Stolen Vows, by Judy Parejko, tells the story of how sinister motives took over the divorce process in all 50 states, transforming 'no-fault' into'forced' divorce and delivering the resulting casualties into the hands of the Divorce Industry.
April 29, 2002
Ed Truncellito, JD