Is No-Fault Divorce Going Away in Texas?

If you've seen recent headlines about Texas lawmakers trying to end no-fault divorce, you may be wondering whether you need to rush a divorce filing — or whether you even still can. The short answer: nothing has changed yet. No-fault divorce is still fully available in Texas today, and it's worth understanding what's actually happening before you make any decisions based on a headline.

What's Actually Being Proposed for No-Fault Divorce in Texas

A bill known as House Bill 3401 would eliminate Texas's "no-fault" ground for divorce — the option that lets a couple divorce simply because the marriage has become "insupportable," without either spouse having to prove wrongdoing. Similar bills have been introduced in Oklahoma, Louisiana, Arkansas, and Nebraska as part of a broader national push, amplified by figures like Vice President J.D. Vance and the Project 2025 policy blueprint. Domestic violence advocates have pushed back hard, warning that eliminating no-fault grounds could trap survivors who are unable to safely prove abuse in open court.

What This Means for You Right Now

HB 3401 is proposed legislation. It has not passed. No-fault divorce remains fully available in Texas under Texas Family Code § 6.001. If you and your spouse can no longer get along and your marriage has become insupportable, that is still a valid, straightforward basis to file for divorce in Texas today — no proof of fault required.

Our advice: don't let headlines drive your timeline. Whether you should file for divorce now, wait, or explore other options depends on your family's specific circumstances — not on legislation that hasn't become law.

If You're a Survivor of Domestic Violence

If safety is part of your situation, this is worth taking seriously regardless of how HB 3401 plays out. Proving fault-based grounds in open court can be difficult and risky for survivors. If this describes your situation, start documenting incidents now — dates, injuries, messages, witnesses — and talk to an attorney about protective orders and how fault grounds work under current law, so you're prepared no matter what happens with future legislation.

We're Watching This Closely

Texas family law changes every legislative session, and we track these bills so our clients don't have to guess. If HB 3401 or similar legislation gains traction, we'll update our clients and our blog well before anything takes effect.

Talk to a Texas Family Law Attorney

Whether you're weighing divorce now or just trying to understand what's true and what's political noise, it helps to talk to someone who's tracking the actual law — not the headlines.

The Law Office of Ryan Putz handles divorce and family law matters throughout Montgomery, Harris, Galveston, Brazoria, Fort Bend, Walker, Liberty, Polk, Tyler, and Grimes Counties, including Huntsville, The Woodlands, and Conroe. If you have questions about your divorce options today, call our office at (936) 978-2045 or email ryan@ryanputzlaw.com.