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Marshall Davis Brown Jr: 2012: A Big Year for Texas Divorce Law

Friday, January 11, 2013

2012: A Big Year for Texas Divorce Law

It's been a big debate, the one about whether or not a couple should need an attorney to divorce, and it has especially been so in Texas this year. In theory, it sounds pretty good – if one could merely fill out a consensual divorce form rather than making a big to-do about it, it would save both parties a good deal of cash and probably some emotional suffering, too. That's why the majority – though it might only be a slight majority, six out of nine – of the Texas Supreme Court justices approved the motion of legalizing divorce forms.

Those who oppose the motion are mostly concerned that there will be filing mistakes which could make for some very problematic legal complications. That, and the fact that there will be that many fewer legal cases for family lawyers to take on.

However, as the executive director of the Texas Access to Justice Commission, Trish McAllister points out, pro bono and legal aid could only fulfill about 20% of the needs for divorce case assistance over the course of last year. Other states that are ahead of the game on divorce forms have already seen the benefits, and it is anticipated that the less financially fortunate population of Texas will notice the positive difference. Being unable to get a divorce when separated – especially if other relationships, such as children, are involved – causes issues for both parties such as with credit and buying property. Hence, many believe the incorporation of divorce forms will be a positive movement in Texas.

Some family lawyers are for the idea and some are against it, but regardless, it has passed. This is just one of many family law changes that has occurred and been discussed in the state over the past two years. Let it also be a reminder that if you're looking to hire a family lawyer, like Marshall Davis Brown of TX or one of the many other reputable firms, take into consideration whether they appear to be up-to-date on the ever-changing legal climate of the state.



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