Texas lawmakers tried again in 2025 to eliminate no-fault divorces—but the bill failed. This means Texas residents can still get divorced without having to prove that one spouse was to blame. But with rising political pressure, changes could still happen in the future.
This blog explains:
- What happened with House Bill 3401
- What could change if no-fault divorce laws go away
- The history of attempts to change the law
- What’s happening in other states
- The pros and cons of no-fault divorce
- What Texans should do now
What Is House Bill 3401?
House Bill 3401 (HB 3401) was introduced to repeal no-fault divorce laws in Texas. Under current law, couples can file for divorce if their marriage is “irretrievably broken,” without having to blame their spouse.
This has been the norm in Texas since the 1970s, offering a faster and less combative option for couples to end their marriage. The no-fault provision was originally put in place to reduce the emotional strain, financial costs, and time involved in traditional fault-based divorces, which often require public accusations and extended court battles. HB 3401 aimed to reverse this longstanding approach and bring back a more restrictive, fault-focused divorce system.
The bill was filed by Representative Brent Money on February 26, 2025. If it had passed, divorces filed after September 1, 2025, would have required proof that one spouse caused the marriage to fail.
“When divorce is easy, commitment means less. This bill is about restoring meaning to marriage,” said Rep. Brent Money during a March 2025 hearing.
The bill moved to a House subcommittee on March 21, but was rejected on June 2, 2025. Although the bill did not make it out of committee, its introduction signaled a renewed push from certain lawmakers to revisit and revise family law in Texas.
The proposal received significant media coverage and sparked public debate, with strong opinions voiced from both supporters and opponents. While HB 3401 failed to move forward, many legal experts believe it won’t be the last attempt to change how divorces are handled in Texas. Lawmakers on both sides of the issue appear committed to continuing the conversation in future legislative sessions.
What Happens If No-Fault Divorce Goes Away?
Without no-fault divorce, spouses would need to prove fault in order to legally separate. This means only certain circumstances would qualify someone to get a divorce.
These include:
- Abuse or cruelty
- Adultery
- A felony conviction
- Abandonment
- Living apart for three years or more
- Mental illness requiring long-term hospitalization
This could make divorce much more difficult. It would especially hurt people in abusive or unsafe relationships, where gathering evidence of abuse could be dangerous or impossible.
Taking away no-fault divorce could trap people in dangerous or unhealthy relationships.
Supporters of HB 3401 argue the bill could:
- Lower divorce rates
- Protect children and families
- Encourage couples to work through problems
Has Texas Tried This Before?
Yes—this isn’t the first time Texas lawmakers tried to remove no-fault divorce. In 2017, Rep. Matt Krause introduced House Bill 93 (HB 93). That bill also aimed to repeal no-fault divorce, but it didn’t pass.
Since then, no other major bills were introduced until HB 3401 in 2025. While the law hasn’t changed, the push to eliminate no-fault divorce hasn’t gone away.
The issue remains politically charged, with family values groups, religious organizations, and some lawmakers continuing to advocate for stricter divorce laws.
It’s likely this debate will come up again in future legislative sessions.
Are Other States Doing the Same?
Texas isn’t alone. Several other states have also looked into removing or limiting no-fault divorce.
Here’s a quick look:
- Oklahoma introduced Senate Bill 1958 (SB 1958), which aims to eliminate no-fault divorce and redefine fault-based reasons.
- Louisiana has discussed possible changes, but no bill has been introduced yet.
- Nebraska is in early conversations, but has not taken any formal steps.
There’s also growing national pressure—mainly from some conservative groups—to make divorce harder and promote family stability. However, no federal law or widespread effort has been started yet.
Pros and Cons of No-Fault Divorce
No-fault divorce became legal in Texas in 1970. It followed California’s lead, which passed the first no-fault divorce law in the U.S. in 1969.
Since then, no-fault divorce has brought both benefits and challenges to families.
Benefits:
- Often quicker and less expensive than fault-based divorce
- Reduces conflict during the process
- Helps people in abusive relationships leave more easily
- Promotes emotional well-being by avoiding public accusations or courtroom drama
- Can reduce the overall burden on the legal system by speeding up uncontested divorce cases
Drawbacks:
- Some believe it makes divorce too easy
- Can negatively affect children in divorced households
- Critics say it weakens the seriousness of marriage
- May allow one spouse to leave the marriage without consequences, even in cases where the other party is blindsided
- Can create financial and emotional instability for the spouse who didn’t want the divorce
No-fault divorce helped protect spouses—but some believe it weakened marriage.
What Should You Do Now?
As of now, no-fault divorce is still available in Texas. That means you can still file for divorce without having to prove your spouse was at fault.
But that could change. With more lawmakers pushing to restrict divorce, it’s smart to know your rights and plan ahead.
If you’re considering divorce—or just have questions—speak with an experienced attorney today. Legal advice can help you understand your options and protect your future.
At Terry & Roberts, our Pearland divorce lawyers stay up to date with every legal change in Texas. We’re here to help you through complex situations—whether you’re filing now or planning for the future.
Don’t wait until the laws change. Call us today or visit our website to schedule a private consultation. Know your rights, protect your family, and get expert legal advice now.