WeVote
Log In

Bill

Bill

HB 3401

Relating to repealing insupportability as a ground for divorce.

89th Legislature (2025) Introduced by Brent Money

HB 3401 eliminates no-fault divorce based on insupportability in Texas, forcing divorcing couples to prove fault-based grounds instead.

Referred to s/c on Family & Fiduciary Relationships by Speaker
#divorce(s3940) #family--marriagerelationship(i0350)
0
WeVote Research Nonpartisan
Bill Summary · HB 3401

Legislative bill overview

HB 3401 proposes to eliminate "insupportability" as a legal ground for divorce in Texas. Currently, Texas allows no-fault divorce based on insupportability (irreconcilable differences), which requires only that the marriage has become insupportable due to discord or conflict. This bill would remove that option, potentially requiring divorcing couples to prove fault-based grounds instead.

Why is this important

This change would fundamentally alter Texas divorce law by eliminating the most commonly used divorce ground in the state. It would likely force couples seeking divorce to prove allegations of adultery, cruelty, abandonment, or other fault-based reasons, which typically require more evidence, longer proceedings, and higher legal costs. This could significantly impact access to divorce and family court proceedings across the state.

Potential points of contention

  • Access to divorce: Removing no-fault divorce may trap people in unwilling marriages or force them to make false or exaggerated allegations to obtain divorce
  • Increased litigation: Fault-based divorce typically involves more contested proceedings, potentially harming children and families through prolonged conflict
  • Alignment with modern family law: Most U.S. states adopted no-fault divorce decades ago; this reverses that trend and may create practical complications for Texas residents

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.