[Music] [Applause] hi everyone I’m brandy often with Larry Mike from the brandy Assenmacher it is not Friday is Tuesday but we have something we wanted to talk about we are here today to talk about how still 93 there can be a little bit about what that is so how school nine to three is a proposed legislation regarding the no-fault provision in divorces I think in the 70s Texas among other states passed a no-fault bill allowing couples to divorce without claiming focally of the partnering so this bill here the
pros of legislation is to repeal the no-fault provision leaving only certain items float for the couple’s divorce before we talk about how that will affect actual course we’ll talk about the items that you would have to prove if this bill passed and to get divorced so what would be left over in the Texas town the code we’ve got cruelty we have adultery we have conviction of the family we have abandonment living apart and then confinement in an impostor okay so living apart is three years yes and then you have cruelty
which isn’t just a you know you’re an awful person talking to one another you have to have show continual yes cruelty you know continuous things like physical attacks consistent yelling and anger even sporting a new affair in front of it in front of your spouse and adultery and you actually have to prove that there was an actual act yes in excellent a lot of times what you see in these cases is people will say oh there’s adultery and it’s like where’s the proof and the only thing they have is
the message energy or they see an email that alludes to something but it’s very rare that you see people who are like here pictures here’s this here that you know like the fool cheaters type of thing rang so in many courts you know they look for that they want to see that consensual sexual act that has occurred between a spouse and someone not the person cells and the text messages or emails will have to specifically say when we did good act something like that okay so which is not comic because
people know not to put that around your knuckles okay so the next one is conviction of a felony which is you know pretty simple to understand doesn’t happen all the time and abandonment gonna be with you there is a time period for that well yes at least a year they have to be away and have a bandage the marriage abandoned everything about that about themselves okay so that doesn’t mean they still call or visit their kids that means they abandoned the toilet like you know vacuumed and forties and
fifties where they just took off and who started with your life okay so that’s very very rare yeah alright so let’s talk about how that will affect divorces and and what that actually looks like well currently there is the way things are I mean you know everyone knows that when you when there’s a divorce emotions are high especially if you have children emotions are actually high because you’ve got mothers and fathers who do love their children and they’re they’re fighting on the side of things
but a lot of times when you have a divorce that’s filed and you have be the no-fault provision that’s in there no one had to say you’re at fault for destroying this marriage they basically allowed to say hey look we just don’t agree kind of fell out of love let’s work amicably throughout this process so that we can their lives with that gone someone’s going to have to save someone’s at fault I think that the least invasive out of all the options that would be left over
to live apart we have to live apart for at least three years for couples who don’t want to do that someone’s going to have to do a track record every time this person is cruel you know they believed there was adultery there do they you know maybe private investigators to find out information so you know it’s going to call it a lot of strife I think that now that federal alternative we look to try to help people settle things outside of court to work together so they can move on now you know it seems like we’re
doing a lot of fighting if this expands so this whole has to be filing a petition right or a counter-petition which means you have to detail this stuff in a pleading which is the records of the court and then you can pull that record at any time yes throughout the rest of your life yes so if you want to talk about you know any physical altercation that happened and the times that happen that’s going to be on public record so if you want to run for office later down the road and maybe when you were 19 things got out of hand
that’s going to be an aunt that information sugar cookie dough through if you committed adultery and there were text messages that information is going to be there forever and so any future career or relationship aspirations could be tarnished by this record right commissioners and you know there’s no time where clients who come in and they say hey look this is what is transpired of the marriage and you know it’s so pretty awful stuff they’re like look I don’t want that out there I just want to
be done I want to just get it done and then it moves through but that’s because we had that no default provision in place with that gone that info is going to come out I mean it is the parties want to divorce you know quickly women three years and insults can come out in you know if one person is throwing dirt the other ones going to throw dirt they don’t want that meant to be on the record so it’s just going to make things very contentious I will say that 90% of the time people come in and
they’ll tell me all of these things and they’ll say but I don’t want that out there I have had one or two people who says who have said that yes I want that in the petition I want them to know what they did to me I want them to pay for what they did to me and those are very very rare and not always the best option you know generally there are kids involved in many marriages and we try to protect the children as much as possible and so explaining to them than putting the stuff in a record court record
allows them to go and seek what happened to their parents later on down the road and if you detail all that stuff it can really have a devastating effect in the future on the children not to mention what’s happening at the actual time of the divorce and that doesn’t count for just you know small children all children even adult children can be affected by the disputes of their parents so if this were to pass then the only options would be to put your business out there in the public and
then fight about it yeah and let’s give books important you know I was reading through background on on you know who proposed the legislation and why they were doing it and you know they talks about the sanctity of marriage and I don’t want to step my feet too much into that but you know I think the idea behind it is hey we want to try to keep marriages to and make it to where people just can’t say hey I just want to quit that’s understandable but then at the same time I mean people are people people grow
apart and if the driving force behind this proposal to repeal the no-fault is to try to keep matches together I think there may be a better way to do it absolutely you know like maybe proposed counseling you know before you file or some co-parenting classes something to to basically focus on the cause of the issue not the effect right you can’t force people to say oh there’s no one beginning what what is going to happen and the reason and the 70s they decided to change the rule is that people are
going to to be cruel to one another to try to get what they want and you know in relationships somebody feels hurt and so they’re in a lash out and that lashing out is going to destroy the whole family and maybe counseling is being here or at least some pre divorce counseling may be a better idea just to see if they’re in any ability to save the marriage but I don’t think that forcing people to disclose private information is going to be helpful in in the divorce proceedings so there is a
backup bill yes House bill 65 ok tell me about so in case house lomatin through cells the backup is House bill 65 which basically takes the the timeframe for 60 days before the court can grant a final decree of divorce it takes from 60 and increases it to 180 for couples with children under the age of 18 or you know are so nice okay so kind of forcing them this day a little bit longer ultimately most divorce cases with children last longer in 60 days there’s temporary order hearings and then there’s this time
period that people are allowed to kind of see if it works you see what works and you met last there anymore three or four months and then we you know rapport with mediation after that but doesn’t take away option yes there wouldn’t be the option to try to work it out the floor file enforce I think that’s important to recognize because people don’t just jump up one day and say I’m going to divorce attorney they spend a lot of time trying to make it work and make it work sometimes we’ll have people
come in here multiple times saying okay I’m ready now and then they wait and they come back no he did it again or she did it again I’m ready now and then the way and then they’ll pay their risking here and the Villach hold up hold up don’t do it just yet and then they’ll list it there was the retainer will fit in and Trust Fund and they’ll just sit there until they decide they’re ready and that could be a year-to-year whatever they want to do if they keep in contact and things just
wait hold it I’ll be there so if you forest people get to have a six month waiting period then I think that there’s going to be less of that less I’ve been trying to work down there elevator more crazy get on file yes so that they can move on in a quicker time but you know I don’t know and to be helpful either yeah I don’t know I don’t know what to say with regards to both deals part of me you years ago I would say there’s no chance never bad I can’t say that yeah think of
Jay so you know it’s something that we’re definitely watching because if it passes it’s going to change the entire landscape for not only couples who are potentially going to divorce but that will alternate as well now we have to change our strategy on how we do things when you know you have some more much more focused on trying to get the parties to settle in sex that you know can be an amicable split now we have to be pure or fight low because we have to make sure that everything on file to get
what’s best for our time well and helpful 93 and the one that requires a fault reason I think that is I think the state is kind of overstepping a little bit into the personal lives of people they’re forcing regular average people with problems people have problems they just do regular average people to disclose all of this information in a state recorded document and you know it’s just a bit of an overreach and I think for most people it’s private information private information should
not be forced out there and it doesn’t really do any good I absolutely believe that maybe counseling or some efforts to to reconnect people are always a good idea we almost always recommend co-parenting classes right yes roads and it’s vital that two people that are still parenting have at least some education on how to do that but forcing the fight in court in you know a government entity is a little a little bit of an overreach but and we’re going to keep an eye on and and any changes that come up we will let
you know I will be the first to let you know I think we’re going to poach the blog our website today about in all of this and I guess we’ll just wait and see what you see all right if you have any questions you can leave them in the comments or you can give us a call at eight one seven eight four one nine nine zero six and also we have a couple of the videos that we did over the past couple weeks they weren’t live so feel free to just scroll down and check them out and we will see you on Friday
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