A coordinated conservative campaign to restrict or abolish no-fault divorce is advancing across five statehouses in 2026, and Texas is at the center. Texas HB3401 would repeal the state's "insupportability" grounds under Tex. Fam. Code § 6.001, forcing spouses to prove fault — adultery, cruelty, or abandonment — to end a marriage. For most Texas divorces, this would be a fundamental shift.
According to CBS News, the effort has been amplified by national figures including Vice President J.D. Vance and the Project 2025 policy blueprint, while domestic-violence advocates warn that eliminating no-fault grounds would trap survivors who cannot safely prove abuse in open court. The bills vary by state, but the direction is consistent: making divorce harder to obtain.
Key Facts
| Category | Detail |
|---|---|
| What happened | Five states filed 2026 bills to restrict or abolish no-fault divorce |
| When | 2026 legislative sessions |
| Where | Texas, Oklahoma, Louisiana, Arkansas, Nebraska |
| Key statute affected | Tex. Fam. Code § 6.001 (insupportability grounds) |
| Texas bill | HB3401 — repeals "insupportability" as a ground |
| Practical impact | Spouses could be required to prove fault to divorce |
Each state took a different approach. Louisiana targeted couples with minor children, Arkansas moved to make covenant marriage the default marital form, and Nebraska proposed requiring mutual consent before a divorce could proceed. Texas HB3401 is the most direct — it strikes the no-fault option entirely by removing the insupportability ground that resolves the overwhelming majority of Texas divorces today.
Why this matters legally
Repealing no-fault divorce would transfer enormous leverage to the spouse who wants to stay married. Under the current system, one spouse can end a marriage without the other's agreement and without proving wrongdoing. Remove that, and a spouse who refuses to consent — or who denies committing adultery, cruelty, or abandonment — can force the case into a contested, fault-based trial. That means depositions, evidence, testimony, and often years of litigation.
No-fault divorce has been the American default since California adopted it in 1969, and every state had some form of no-fault option by 2010. The no-fault divorce framework was designed specifically to reduce the perjury, staged evidence, and adversarial cruelty that defined fault divorce in earlier decades. Reversing it does not merely change paperwork — it reintroduces the courtroom battles the reform was created to eliminate. For couples who separated amicably, the change would convert a straightforward filing into a dispute requiring proof.
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 with no reasonable expectation of reconciliation. No wrongdoing must be shown. HB3401 would strike this ground.
If HB3401 passes, Texas spouses would be limited to the fault grounds already in the code: cruelty under Tex. Fam. Code § 6.002, adultery under Tex. Fam. Code § 6.003, and abandonment under Tex. Fam. Code § 6.005. Each requires proof. Cruelty demands evidence that a spouse's conduct rendered further living together insupportable. Adultery must be proven by clear and positive evidence. Abandonment requires showing the spouse left with intent to abandon and stayed away at least one year.
Texas also retains a mandatory 60-day waiting period under Tex. Fam. Code § 6.702 before any divorce can be finalized. Layering a fault-proof requirement on top of that waiting period would extend the timeline for most contested cases substantially. The state's residency rules under Tex. Fam. Code § 6.301 — six months in Texas and 90 days in the county — would remain unchanged, but the substance of what a filer must prove would transform.
Practical takeaways
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Nothing has changed yet. HB3401 and the related bills in Oklahoma, Louisiana, Arkansas, and Nebraska are proposed legislation. No-fault divorce remains fully available in Texas under Tex. Fam. Code § 6.001 as of the 2026 session. Do not delay or accelerate decisions based on headlines alone.
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If you are considering divorce, understand your current options. The existing insupportability ground lets most Texas couples divorce without proving fault. Review the standard divorce process and residency requirements before filing.
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Domestic-violence survivors should document now. If abuse is part of your situation, a family-violence protective order and a documented record can support both a fault claim and safety planning regardless of how the law evolves. Contact the National Domestic Violence Hotline at 1-800-799-7233.
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Estimate your costs early. A contested, fault-based divorce is significantly more expensive than an agreed no-fault case. Use our divorce cost estimator and divorce timeline tools to plan.
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Track the bill. Legislation moves slowly and most filed bills never become law. Follow HB3401 through the Texas Legislature's official portal and consult an attorney if it advances out of committee.
If you are navigating a divorce in Texas or trying to understand how proposed changes could affect your situation, you can build a personalized divorce roadmap or find a divorce attorney licensed in your county. Understanding your options today is the best preparation for whatever the Legislature decides.
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.