In recent years, Texas divorce laws have faced unprecedented scrutiny as conservative lawmakers and political movements call for the elimination of no-fault divorce.
This shift could fundamentally change how couples end their marriages in the Lone Star State, potentially making the process more expensive, contentious, and time-consuming.
At the Law Offices of Richard C. McConathy, our experienced Texas divorce attorneys are closely monitoring these legislative developments to ensure we can protect our clients’ rights regardless of how the legal landscape evolves. With over 35 years of combined experience handling complex family law matters, we understand the importance of staying ahead of changing divorce laws.
If you’re considering divorce in Texas or have questions about how potential legal changes could affect your case, don’t wait.
At the Law Offices of Richard C. McConathy, our experienced Dallas divorce lawyer team is closely monitoring these legislative developments to protect our clients’ rights regardless of how the legal landscape evolves.
What Is a No-Fault Divorce in Texas?
No-fault divorce in Texas operates under the legal ground of “insupportability,” as defined in the Texas Family Code Section 6.001. This means that a marriage can be dissolved without either spouse having to prove wrongdoing by the other party.
Instead, one spouse simply needs to testify that the marriage has become insupportable due to discord or conflict that destroys the legitimate ends of marriage with no reasonable expectation of reconciliation.
⚖️ By eliminating the need for blame, no-fault divorce reflects Texas’s historical balance between personal freedom and judicial efficiency. Its potential removal signals a reversion to adversarial, fault-focused litigation.
No-Fault vs. Fault-Based Divorce: Key Differences
| No-Fault Divorce | Fault-Based Divorce |
|---|---|
| No blame required | Must prove spouse’s misconduct |
| Based on “insupportability” | Requires evidence of adultery, cruelty, abandonment, etc. |
| Generally faster process | Often lengthy court battles |
| Lower legal costs | Higher attorney fees due to litigation |
| Less emotional trauma | Increased conflict and hostility |
Without the need to assign blame, couples can focus on practical matters like property division, child custody, and spousal support rather than relitigating past grievances in court. This approach typically results in reduced legal expenses, faster resolution times, less emotional trauma for children, greater privacy for both parties, and more amicable co-parenting relationships.
Currently, Texas recognizes seven grounds for divorce, with insupportability being by far the most commonly used. The other fault-based grounds include adultery, conviction of a felony, abandonment, living apart for at least three years, confinement in a mental hospital, and cruel treatment.
Why Is No-Fault Divorce Under Threat in Texas?
The push to eliminate no-fault divorce in Texas stems from a broader conservative movement that views these laws as contributing to the breakdown of the American family.
Political Forces Driving Change
The Texas Republican Party platform has explicitly called for reforming divorce laws, stating its commitment to “supporting legislation to abolish no-fault divorce.” This position reflects concerns about what they perceive as the weakening of marriage as a social institution.
State Representative Matt Krause and other conservative lawmakers have introduced or supported legislation that would make divorce more difficult to obtain. These efforts align with similar movements in other conservative states across the nation.
National Influence and Ideological Motivations
The movement extends beyond state politics. National figures like J.D. Vance have publicly criticized no-fault divorce laws, arguing they contribute to family instability. Additionally, policy documents like Project 2025 have suggested federal-level approaches to “strengthening marriage” through legal reforms.
Religious and ideological motivations center on several key beliefs:
- Marriage should be viewed as a permanent covenant
- Easy divorce undermines family stability
- Children suffer when parents can divorce “too easily”
- Society benefits from stronger marriage preservation policies
What the Research Actually Shows
However, legal scholars and family researchers have presented compelling evidence that no-fault divorce laws have actually improved outcomes for families and society.
Studies by economists Betsey Stevenson and Justin Wolfers found that states adopting no-fault divorce experienced an 8-16% reduction in female suicides, decreased domestic violence rates, lower rates of spousal homicide, and improved child welfare outcomes.
What Would Ending No-Fault Divorce Mean for Texans?
If Texas eliminates no-fault divorce, the consequences would ripple through every aspect of family law and significantly impact divorcing couples throughout the state.
Impact on Divorce Proceedings
The most immediate effect would be a dramatic increase in litigation costs and time. Without the ability to cite irreconcilable differences, spouses would need to prove specific grounds for divorce.
These grounds include adultery (requiring evidence of extramarital affairs), cruel treatment (documenting physical or emotional abuse), abandonment (proving one spouse left for at least one year), conviction of a felony with imprisonment, confinement in a mental hospital for at least three years, or living apart without cohabitation for at least three years.
This requirement would transform divorce from a relatively straightforward legal process into adversarial courtroom battles. Private investigators, expert witnesses, and extensive discovery proceedings would become commonplace, driving up legal costs significantly.
Consider this hypothetical scenario: A spouse discovers their partner has been having an affair, but the unfaithful partner denies it and destroys evidence. Without no-fault divorce, the wronged spouse would need to hire a private investigator, subpoena phone records, and potentially call witnesses to testify about the infidelity—all while enduring months or years of contentious litigation.
Risks for Domestic Violence Survivors
Perhaps the most troubling consequence would be the impact on survivors of domestic abuse. Currently, an abused spouse can file for divorce based on insupportability without having to prove the abuse in court—a process that can be dangerous, retraumatizing, and difficult.
Requiring abuse victims to prove “cruel treatment” in court could force them to remain in dangerous situations longer, require them to relive trauma through testimony, give abusers additional opportunities for manipulation and control, and create financial barriers that trap victims in abusive marriages.
The Stevenson and Wolfers research specifically found that states with no-fault divorce laws saw significant decreases in domestic violence and intimate partner homicides. This data suggests that making divorce more difficult could literally be a matter of life and death for some Texans.
⚠️ Removing no-fault grounds would expose survivors to retraumatization in court, raising barriers to safety. Evidence requirements could allow abusers to prolong control through litigation.
Family and Children's Well-Being
Contrary to claims that easier divorce harms children, research indicates that high-conflict marriages often cause more psychological damage to children than amicable divorces.
When parents are forced to engage in fault-based divorce proceedings, children may be called as witnesses against their own parents, custody disputes become more contentious and protracted, family resources are depleted by expensive legal battles, and co-parenting relationships suffer from increased animosity.
Dr. Jennifer McIntosh, a family researcher and clinical psychologist, notes that “children in high-conflict intact families often show similar stress responses to those in divorced families, but without the benefit of reduced tension that can come with separation.”
Don’t wait to get the legal support you need. Schedule your free consultation today and let our experienced attorneys review your case and explain your options.
Covenant Marriage in Texas – Could It Be Next?
As part of the broader push to strengthen marriage laws, some Texas lawmakers have expressed interest in adopting covenant marriage statutes similar to those in Louisiana, Arkansas, and Arizona.
What Is Covenant Marriage?
Covenant marriage is a legally distinct form of marriage that imposes stricter requirements than traditional marriage. It involves premarital counseling from clergy or licensed counselors, a signed affidavit committing to lifelong marriage, and an agreement to seek counseling before considering divorce.
Once entered, covenant marriages typically require mandatory marriage counseling before divorce, longer waiting periods (often 2+ years of separation), and limited grounds for divorce—such as adultery, abuse, abandonment, imprisonment, or substance abuse.
If Texas adopts covenant marriage laws, couples would choose between traditional marriage and covenant marriage at the time of their wedding. Those selecting covenant marriage would face significantly more restrictions if they later sought divorce.
While participation would likely be voluntary initially, some advocates have suggested making it the default option, requiring couples to explicitly choose traditional marriage instead.
The track record in other states suggests limited adoption—fewer than 1% of couples in Louisiana, Arkansas, and Arizona have chosen covenant marriage since its introduction.
A Look at the History of No-Fault Divorce in Texas
Texas adopted no-fault divorce in 1969, making it one of the earlier states to embrace this legal reform. The change came in response to widespread recognition that the existing fault-based system was encouraging perjury and manufactured evidence.
Before 1969, Texas couples seeking divorce had to prove specific grounds, which often led to deceptive practices.
These included staged adultery scenarios where private investigators photographed consenting adults in compromising positions, false allegations of abuse or abandonment, collusive agreements to fabricate grounds for divorce, and lengthy separations while couples waited to establish abandonment.
The Texas Family Code 6.001. reform recognized that forcing couples to assign blame was counterproductive and often harmful to all parties involved, especially children.
The shift represented a broader legal evolution recognizing that marriage dissolution is sometimes inevitable regardless of fault, court resources are better used resolving practical matters than assigning blame, children’s interests are better served by reducing parental conflict, and privacy rights include the ability to end unsuccessful marriages with dignity.
💡 The 1969 reform wasn’t about weakening families, but about curbing systemic dishonesty in the courts. Its repeal could reintroduce perjury and fabricated evidence into Texas family law.
National Trends: Could Other States Follow?
Texas isn’t alone in reconsidering no-fault divorce laws. Conservative lawmakers in several states have introduced similar legislation, creating a potential domino effect across the region.
Recent legislative activity includes Louisiana proposals to eliminate no-fault divorce for couples with minor children, Oklahoma bills requiring longer waiting periods and mandatory counseling, Arkansas legislation to make covenant marriage the default option, and Nebraska attempts to require mutual consent for no-fault divorce.
Legal scholars like Professor Jennifer Shearin have noted potential federal constitutional challenges if states begin eliminating no-fault divorce. Questions could arise under the Equal Protection Clause (gender-based impacts), Due Process rights (access to divorce as a fundamental right), and Interstate commerce implications (marriages performed in one state, dissolved in another).
The Supreme Court has never explicitly ruled on whether access to divorce is a constitutional right, leaving room for future litigation if state restrictions become too onerous.
Protecting Your Rights in an Uncertain Legal Landscape
As Texas divorce laws potentially face significant changes, it’s more important than ever to work with experienced family law attorneys who understand both current statutes and emerging legal trends.
At the Law Offices of Richard C. McConathy, we’re prepared to protect our clients’ interests regardless of how the legal landscape evolves. Our three-generation law firm has successfully handled thousands of family law cases, giving us the depth of experience needed to go through complex legal challenges.
💼 Legal strategy now requires a forward-looking approach. Attorneys must advise clients not just under current laws, but with contingencies for potential legislative shifts.
Our Comprehensive Approach
- Current Law Expertise: We leverage today’s no-fault divorce options to minimize conflict and costs for our clients
- Future-Ready Strategies: Our attorneys stay informed about pending legislation to advise clients on timing and approach
- Contested Divorce Experience: If fault-based proceedings become necessary, we have extensive trial experience to protect your rights
- Domestic Violence Sensitivity: We provide confidential consultations and safety planning for clients in dangerous situations
If you’re concerned about how changing divorce laws might affect your situation, our experienced attorneys will help you understand your options under current and potential future legal frameworks.
For immediate help, contact us at 197-230-38867. Our team is available 24/7 to answer your questions and start building your defense.
FAQs
Is no-fault divorce ending in Texas?
No-fault divorce has not ended in Texas yet, but it faces political pressure from conservative lawmakers and advocacy groups. The Texas Republican Party platform calls for abolishing no-fault divorce, and some legislators have introduced bills to restrict or eliminate it. However, no such legislation has been enacted as of 2025. Current Texas law still allows divorce based on “insupportability” without requiring either spouse to prove fault or wrongdoing by the other party.
What happens if Texas eliminates no-fault divorce?
If Texas eliminates no-fault divorce, couples would need to prove specific grounds such as adultery, cruel treatment, abandonment, or other statutory reasons to obtain a divorce. This change would likely result in longer, more expensive divorce proceedings, increased litigation, and higher emotional costs for families. Domestic violence survivors could face particular challenges, as they would need to prove abuse in court rather than simply citing irreconcilable differences.
What's the difference between a no-fault and uncontested divorce?
No-fault refers to the legal grounds for divorce, while uncontested refers to the level of agreement between spouses. A no-fault divorce means neither party has to prove wrongdoing—it can be granted based on insupportability alone. An uncontested divorce means both spouses agree on all major issues like property division, child custody, and spousal support. You can have a no-fault contested divorce (spouses disagree on terms but don’t allege wrongdoing) or a fault-based uncontested divorce (one spouse admits fault but both agree on settlement terms).
What is covenant marriage?
Covenant marriage is a legally distinct form of marriage available in Louisiana, Arkansas, and Arizona that imposes additional restrictions on both entering and exiting the marriage. Couples choosing covenant marriage must complete premarital counseling, sign affidavits committing to lifelong marriage, and agree to seek counseling before considering divorce. Covenant marriage allows divorce only for specific serious grounds like adultery, physical or sexual abuse, abandonment, imprisonment, or substance abuse, and typically requires longer waiting periods and mandatory counseling attempts.
Can I still file for divorce if my spouse doesn't agree?
Yes, you can file for divorce in Texas even if your spouse objects, as Texas recognizes both no-fault and fault-based grounds for divorce. Under the current no-fault law, you can obtain a divorce based on insupportability without your spouse’s consent.
If no-fault divorce were eliminated, you could still file for divorce by proving one of the fault-based grounds, such as adultery, cruel treatment, or abandonment. However, your spouse could contest the allegations, potentially making the process longer and more expensive. Texas does not require mutual consent for divorce.
Talk to a Texas Divorce Lawyer Today
Divorce laws are changing fast in Texas—don’t go through them alone. The potential elimination of no-fault divorce could dramatically impact your legal options, costs, and timeline. Whether you’re currently considering divorce or simply want to understand your rights in this evolving legal landscape, our experienced attorneys at the Law Offices of Richard C. McConathy are here to help.
Ready to protect your future? Contact us today:
Call: 197-230-38867
Visit: Schedule a consultation through our contact page
Don’t let uncertainty about changing divorce laws leave you vulnerable. Take action now to understand your options and protect your rights. Our Dallas-area divorce attorneys are ready to provide the skilled representation you need during this challenging time.