One-Sided Divorce On The Chopping Block

Judge's gavel with wedding rings as two people argue in background — Photo: Motortion Films / Shutterstock

Texas Republicans moved to roll back unilateral no-fault divorce, putting “insupportability” on the chopping block and drawing a sharp new line in the fight to strengthen families.

Story Highlights

The Texas Republican platform calls for rescinding unilateral no-fault divorce and adding a longer waiting period.
A filed bill proposed repealing “insupportability,” the main no-fault ground in Texas law.
Current statute lets either spouse end a marriage without proving fault; courts have long applied it.
Fault grounds like adultery and cruelty would remain if the no-fault route is removed.

Texas GOP Platform Targets Unilateral No-Fault Divorce

Texas Republican Party delegates approved platform language urging lawmakers to rescind unilateral no-fault divorce and to extend the mandatory waiting period to six months. The platform states the Texas Family Code should be rewritten on no-fault divorce and child custody. It frames the change as a push to stabilize families and give spouses a fair chance to reconcile before a court ends a marriage. That platform lays down a clear policy goal for the next legislative session.

Delegates also linked divorce reform to broader family policy. They backed ideas like counseling before filing and stronger parental rights. Supporters say easy divorce has fueled family breakdown and hurt children. They argue a short pause and a higher bar to end a marriage can slow rash exits and reduce unilateral walk-aways. The platform language does not end divorce. It seeks to remove one path and put time back on the side of marriage.

Bill Filed To Repeal “Insupportability” Ground

House Bill 3401 directly targeted the no-fault rule by repealing Section 6.001 of the Texas Family Code. The bill text states it is “relating to repealing insupportability as a ground for divorce” and expressly deletes the section. That move would shut the main door spouses use to end a marriage without proving fault. It would shift future cases toward fault grounds that already exist in Texas law, such as adultery or cruelty.

Today’s law is plain. Texas Family Code Section 6.001 says a court may grant a divorce “without regard to fault” if the marriage is insupportable. That is the no-fault path most Texans know. It allows either spouse to file, and the judge can dissolve the marriage even if the other spouse objects. The statute has been on the books for decades and remains active statewide in 2026.

Courts Confirmed No-Fault Works As A Unilateral Path

Texas appellate courts have long recognized how the rule works. In Waite v. Waite, the court explained that a divorce may be granted without regard to either spouse’s fault based on insupportability. That case shows how judges read the statute and why it has become the standard route. Repeal advocates point to this history as proof that a single spouse can end a marriage with little legal pushback under current law.

Repeal would not abolish divorce in Texas. Fault grounds would still exist and could be used in court. Texas family law recognizes adultery, cruelty, felony conviction, abandonment, living apart, and confinement in a mental hospital as grounds. Ending insupportability would remove the easy, unilateral option and return more cases to evidence-based claims of fault. That is a major policy shift, but it preserves a path out of truly broken or unsafe marriages.

Supporters Say Reform Restores Commitment; Data Gaps Remain

Proponents, including activists who testified in prior efforts, argue no-fault divorce lets one spouse end the union without consent, leverage, or a legal defense. They say that erodes commitment and harms family stability. Some have sought court relief to challenge the statute. The policy case is clear in goals, but the record presented here does not include Texas-focused outcome studies showing repeal would cut harm or reduce conflict in court.

Texas also sits in a national context. Every state allows some form of no-fault divorce, and past rollback attempts have often stalled even in conservative states. That history explains why platform planks matter: they set direction and rally votes for a hard change. If lawmakers take up repeal again, Texans should expect debate on court workload, costs, child impact, and how to handle cases without clear proof of fault. Those implementation details are not fully mapped in the record here.

What Changes If Insupportability Is Repealed

If lawmakers repeal insupportability and add a longer wait, the biggest shift is leverage. A spouse can no longer end a marriage alone by claiming breakdown. The filing spouse must prove a fault ground or rely on other statutory routes. The pause gives time for counseling and compromise. Backers see that as common sense that respects vows, children, and property built over years. Critics will counter that some families need a faster exit. The coming session will test those claims.