Heritage 'Project 2026' Targets No-Fault Divorce: Texas Impact

The Heritage Foundation's Special Report No. 323, "Saving America by Saving the Family," published in 2026 and dubbed "Project 2026" by critics, urges lawmakers to abolish no-fault divorce, adopt covenant marriage, make 50-50 custody the default, and cap alimony duration. For Texas residents, none of this is law yet — but the report signals a policy push that could reach the statehouse.

Key Facts

The report proposes four sweeping changes to family law, as reported by Ms. Magazine on July 8, 2026. It calls to end no-fault divorce in favor of covenant marriage, establish a rebuttable 50-50 custody presumption, publish "scorecards" rating family-court judges, and cap the duration of alimony or terminate it upon a recipient's remarriage. Because prior Heritage reports shaped Trump-administration policy, family lawyers warn these ideas could migrate from a think-tank paper to actual statehouse bills across the six divorce-heavy states named above.

Why this matters legally

Abolishing no-fault divorce would fundamentally restructure how Americans end marriages, because every U.S. state has permitted some form of no-fault divorce since 2010, when New York became the last to adopt it. Under the Heritage proposal, a spouse could no longer file citing "insupportability" or irreconcilable differences alone; they would need to prove fault grounds such as adultery, cruelty, or abandonment, or wait through a lengthy separation period.

That shift carries real consequences. Fault-based systems increase litigation cost, lengthen timelines, and often force victims of domestic abuse to relive trauma in open court to escape a marriage. Research consistently ties no-fault divorce availability to reduced rates of domestic violence and female suicide. Understanding the difference between no-fault divorce and fault divorce is now more than academic — it is the central question this report puts on the table.

The custody and alimony proposals matter too. A mandatory 50-50 custody default would override the individualized "best interest of the child" standard that governs custody in all 50 states, and alimony caps would strip judges of discretion to tailor support to long marriages or economic disparity between spouses.

How Texas law handles this

Texas already permits no-fault divorce under Tex. Fam. Code § 6.001, which allows a court to grant divorce on the ground of "insupportability" — a conflict of personalities that destroys the marriage with no reasonable expectation of reconciliation. Texas also retains fault grounds, including cruelty (Tex. Fam. Code § 6.002), adultery (Tex. Fam. Code § 6.003), and abandonment (Tex. Fam. Code § 6.005). If the Heritage agenda advanced in Austin, § 6.001 would be the target for repeal.

On custody, Texas does not use the word "custody" — it uses "conservatorship." Under Tex. Fam. Code § 153.131, Texas courts already apply a rebuttable presumption that appointing both parents as joint managing conservators is in the child's best interest. However, joint managing conservatorship does not mean equal 50-50 possession time; Tex. Fam. Code § 153.134 lets courts allocate possession unequally based on the child's best interest. A Heritage-style hard 50-50 mandate would remove that judicial flexibility.

On spousal maintenance, Texas is already one of the most restrictive states. Tex. Fam. Code § 8.054 caps maintenance duration by marriage length — generally five years for marriages under 10 years, up to 10 years for marriages of 30-plus years — and Tex. Fam. Code § 8.055 caps monthly maintenance at the lesser of $5,000 or 20% of the payor's average monthly gross income. Texas also terminates maintenance on remarriage or cohabitation under Tex. Fam. Code § 8.056. In other words, several Heritage "reforms" already describe existing Texas law.

Practical takeaways

1. Nothing has changed today. The Heritage report is a policy proposal, not legislation. Texas no-fault divorce under Tex. Fam. Code § 6.001 remains fully available in 2026. If you are considering divorce, current law applies to your filing.

2. Watch the 2027 Texas legislative session. Texas meets in regular session in odd-numbered years, so the earliest a covenant-marriage or no-fault-repeal bill could realistically pass is 2027. Bookmark bill trackers and follow family-law bar association updates.

3. Understand your current timeline. Texas requires a 60-day waiting period after filing under Tex. Fam. Code § 6.702. Use our Texas divorce timeline tool to map what your process looks like under existing rules.

4. Know that Texas alimony is already capped. If you are worried about the report's alimony-cap proposals, Texas maintenance is among the nation's most limited. Review spousal support modification rules to understand what a court can and cannot order.

5. Budget realistically. Fault-based litigation costs more than uncontested no-fault divorce. Estimate your costs under current law with our Texas divorce cost estimator before assuming any legal change.

6. Get a plan tailored to your situation. Build a personalized divorce roadmap that reflects Texas law as it stands today, and revisit it if legislation moves.

If you are navigating a Texas divorce and want to understand how current law applies to your specific facts, it helps to speak with a qualified professional. You can find a divorce attorney serving your county through our directory.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.