By Rita Cook
Correspondent
Texas Metro News
AUSTIN – Sparking strong debate that falls into the “Tell me one more time why it is your business” category an updated 2026 platform document from Texas Republicans has the rescind “no-fault” divorce on the list of its initiatives.
Since the 1970s, Texans have been able to file for divorce without legally proving a specific ground (like adultery, abandonment, or cruelty). Texas family lawyers note that 95% of divorces in the state are currently filed as no-fault.
Under the new platform, the state would require mandated counseling or intervention before a divorce decree could be issued. Proponents argue this protects the traditional family structure. Critics and legal experts warn it will trap people in unsafe marriages and drastically complicate the legal system for couples trying to split amicably.
More to the point, I will say again, why is it your business government, you clearly have bigger problems to manage.
While the GOP in Texas does wield much weight in the state, this type of bill would face an uphill battle because even Republicans are divided on this one.
Of course, strong GOP allies include Lieutenant Governor Dan Patrick who ask the Texas Senate to study divorce laws, and the far-right PACs who could be aggressively funding lawmakers in exchange for support.
We have seen this game before though. For it to become a law, it must pass the in the Texas House and in the past, moderate Republicans and House leadership silently blocked this kind of legislation in committee because it would be an unpopular policy with the general public.
The last failed attempt at such a bill was filed by State Representative Brent Money HB 3401 during the 2025 legislative session to eliminate “insupportability” (no-fault) as a ground for divorce. That bill did not make it out of committee.
There is also what I alluded to earlier “why is it your business?”
Supporters rally that government has a personal stake in regulating marriage because it creates family structures with a healthy foundation. Sure, because there is nothing like children watching their parents fight all the time, cursing, calling the police, etc.… that says happy family structure here.
Eventually, legislating morality rarely works.
It might lower divorce rates, but I bet law enforcement would see a boon in business.
Other arguments in favor; protecting the institution of marriage and reducing the societal and economic costs in state resources when households fracture. I can bet you those resources would end up funneled to another state resource relating to forcing people who cannot get along to stay and fight versus go and create a stress-free life.
Critics, legal experts, and family lawyers argue this type of law would be an extreme government overreach into deeply personal lives.
It would not only trap individuals in unsafe or toxic environments, but force couples to spend thousands of dollars trying to legally prove grounds like cruelty or adultery, even when both parties want to separate.
All 50 states currently allow no-fault divorce. To that end, for now the proposal remains a far-right Texas pipe dream, heavily restricted by the reality that dismantling a system used by 95% of divorcing Texans is simply bad politics and even worse governance.
Rita Cook is a world traveler and writer/editor who specializes in writing on travel, auto, crime and politics. A correspondent for Texas Metro News, she has published 11 books and has also produced low-budget films.
