Texas Divorce vs. French Divorce

In a recent article in the Huffington Post blog, family lawyer Natalie Gregg demonstrates the numerous differences between Texas divorce law and French divorce procedures. While the French divorce process is often less formal and litigious than Texas divorce proceedings, couples that split up in the Lone Star State also have numerous protections not offered in the “Land of Love”.

Texas Divorce Cases Investigate Spousal Issues

A major difference Texas divorce law and French divorce proceedings is that litigants in a Texas divorce case work to uncover the more unsavory aspects of the other spouse’s character to gain an advantage in their suit. In Texas, divorce cases can come down to a series of character attacks, with allegations of infidelity, alcoholism, and abuse. In France, divorce cases do not allow for sworn testimony, depositions or cross examination by opposing counsel, so the issues between the splitting spouses remain private.

Texas Divorce Requires Legal Professional Help

Since France does not allow for the standard legal procedures seen in Texas divorce cases, the spouses may not have adequate legal protection for their persons or property. In France, divorce judges often speak to the divorcing parties without their attorneys present. The judge oversees these conversations in an attempt to get the couple to reconcile. Texas divorce law does not allow spouses to speak to a judge, or anyone else involved in the case, without an attorney to protect their legal rights.

Texas Divorce Relies On Case Law

French divorce cases also do not record transcripts of the proceedings. If either party wants to appeal the ruling to a higher court, that party must start their case all over again. The lack of transcripts and case law gives French divorce judges much more leeway than their Texas divorce counterparts. Couples in the midst of a Texas divorce understand that their testimony in previous court hearings will carry over into any appeals process, which protects their rights in a new case.

Texas Divorce And Abandonment

A startling difference between French and Texas divorce laws comes from the principle of abandonment. Under French law, a spouse who leaves the marital home can be found guilty of abandonment. This idea often forces couples to stay in the family home until the divorce proceedings are finalized, even if the couple is splitting due to infidelity or abuse. Texas divorce law focuses less on physical abandonment and more on material support for the spouse and children during the divorce process.

Source: Huffington Post

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