Divorce is already a difficult experience for families, but in 2025, Texas lawmakers introduced a proposal that could make it more challenging. House Bill 3401 (HB 3401) sought to remove insupportability, which is the foundation of no-fault divorce in Texas. This change could have reshaped how Texans ended their marriages.
What HB 3401 proposes
Under current Texas law, couples can file for divorce based on insupportability, meaning the marriage cannot be fixed because of conflict. Insupportability allows couples to divorce without assigning blame. HB 3401, introduced during the 89th Texas Legislature, aimed to repeal Section 6.001 of the Texas Family Code and remove this no-fault option. If it had become law, couples would have needed to prove fault, including adultery, abuse or abandonment when they file for a divorce.
When the change was supposed to take effect
The bill included a transition period stating that divorces filed before September 1, 2025, could still use insupportability as grounds. After that, couples would have had to follow the revised law and provide evidence of fault. But the date is irrelevant now since the bill already failed.
How could it have changed things?
Ending no-fault divorce could have made separation more difficult. Without it, spouses would have needed to:
- Gather and present proof of wrongdoing
- Face longer, more expensive court battles
- Relive painful experiences through testimony and evidence
Critics argued that removing no-fault divorce could trap individuals in unhealthy or even abusive relationships, while supporters believed it could strengthen marriages by discouraging impulsive divorces.
The larger debate
This is not the first time Texas lawmakers have attempted to repeal no-fault divorce. Similar bills failed to advance in past sessions. HB 3401’s referral to the House subcommittee on Family and Fiduciary Relationships revealed how citizens view marriage and its sanctity.
What should you do now?
Nothing, since no-fault divorce remains the law in Texas. If you are separating from your spouse, the same rules apply, and the same requirements hold. If you are unsure about certain legal aspects of the process, speak with a family law attorney who can help you understand your rights, explore your options and plan ahead.