No-Fault Divorce Repeal Bills Advance in 5 States (2026) — None Passed

In 2026, lawmakers in Texas, Oklahoma, Indiana, South Carolina, and South Dakota advanced bills to restrict or eliminate no-fault divorce, and covenant-marriage expansion bills are pending in four states — but as of publication, no state has repealed no-fault divorce, and Texas Family Code § 6.001 still permits divorce on the ground of insupportability. For now, nothing has changed for Texas residents filing today.

Key Facts

The reporting comes from the ABA Journal, which documented a coordinated 2026 push: the Texas and Nebraska Republican platforms now call for ending no-fault divorce, Indiana lawmakers proposed barring it for couples with minor children, and South Carolina legislators introduced a bill requiring both spouses to file jointly. Covenant-marriage expansion measures are pending in Missouri, Tennessee, Texas, and Oklahoma. Legal-tech firms are reportedly bracing for downstream effects on filings and forms.

Why this matters legally

No state has repealed no-fault divorce, so the current law governing your divorce has not changed in Texas or anywhere else. Every proposal described in the 2026 reporting remains a bill or a party platform plank — not enacted law. California became the first no-fault state in 1969, and all 50 states adopted some form of no-fault ground by 2010 (New York was last). A platform statement carries political weight but no legal force; a bill becomes binding only after passing both legislative chambers and receiving the governor's signature.

That distinction matters because divorce-law changes are prospective and procedural, not retroactive. Even if a state eliminated its no-fault ground tomorrow, pending cases and existing decrees would generally remain governed by the law in effect when filed. If you are weighing a filing, understanding the difference between no-fault divorce and fault-based divorce is the practical starting point — because in a world without a no-fault option, a spouse would have to prove statutory fault grounds like cruelty, adultery, or abandonment, which raises cost and conflict.

How Texas law handles this

Texas currently allows no-fault divorce under Tex. Fam. Code § 6.001, which permits a court to grant a divorce on the ground of insupportability — meaning the marriage has become insupportable because of discord or conflict of personalities that destroys the marriage relationship with no reasonable expectation of reconciliation. No spouse has to prove wrongdoing. Texas also retains fault grounds under Tex. Fam. Code § 6.002 through § 6.007, including cruelty, adultery, felony conviction, abandonment, and living apart for at least three years.

Texas imposes a mandatory 60-day waiting period from the filing date before a court may finalize most divorces under Tex. Fam. Code § 6.702, and a spouse must satisfy the residency requirements — six months in Texas and 90 days in the filing county under Tex. Fam. Code § 6.301. None of these provisions has been amended in 2026. Texas is also a community-property state under Tex. Fam. Code § 3.002, and courts divide the marital estate in a manner that is "just and right" under Tex. Fam. Code § 7.001 — a framework separate from, and unaffected by, the no-fault debate. The covenant-marriage proposals would create an optional stricter marriage contract at the license stage; they would not force existing married couples into new rules.

Practical takeaways

1. Do not rush a filing based on headlines. As of 2026, no-fault divorce remains fully available in Texas under § 6.001. A pending bill is not a deadline. Filing prematurely to "beat" a hypothetical repeal can cost you leverage on property, support, and parenting arrangements.

2. Know your grounds either way. Texas already offers both no-fault and fault grounds. Even under current law, alleging fault such as cruelty or adultery can, in limited circumstances, affect the "just and right" property division under § 7.001. Discuss with counsel whether fault allegations help or hurt your specific case.

3. Confirm you meet residency and timing rules. Verify the six-month state and 90-day county residency requirements and plan around the 60-day waiting period before your target finalization date. Map the sequence using our Texas divorce timeline tool.

4. Budget realistically. Contested, fault-based litigation costs substantially more than an agreed no-fault divorce. Estimate your likely range with our Texas divorce cost estimator before deciding on strategy.

5. Watch the legislature, not the platform. Party-platform planks signal intent but change no law. Track actual bill numbers and votes in your state's legislative session. If a bill ever advances to a floor vote, that is the moment to consult an attorney about timing.

6. Build a plan before you file. A personalized divorce roadmap can help you organize documents, understand your options, and identify whether your situation is straightforward or contested — which matters far more to your outcome than the legislative noise.

The 2026 no-fault debate is real, but the practical reality for Texas residents is unchanged: you can still file a no-fault divorce today under existing law. If you are navigating a separation and want clarity on your options, you can find a divorce attorney in your county who handles Texas family law. Understanding the actual statutes that govern your case — not the proposals that may never pass — is the surest way to protect yourself.

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.