Making the decision to end your marriage is never easy. It’s one of the most difficult and emotionally challenging choices you’ll ever face. For decades, no-fault divorce has allowed couples to separate without proving wrongdoing, bringing dignity and privacy to an already painful process. But that fundamental right may be changing.
Across the country, a growing debate has emerged about whether to roll back no-fault divorce laws—a change that would fundamentally alter how Americans can legally end their marriages. If you’re considering divorce in Dallas or anywhere in Texas, understanding this debate isn’t just academic. It could directly affect your rights, your timeline, and your ability to move forward with your life.
As an experienced Dallas divorce attorney with over 25 years of practice in Texas family law, I’ve guided countless clients through divorce proceedings under our current system. The prospect of returning to fault-based divorce represents a seismic shift that would impact families throughout our community.
Understanding No-Fault Divorce: How We Got Here
Before we can understand what might change, we need to appreciate what we have. No-fault divorce, which Texas adopted in 1970, revolutionized how couples could end their marriages.
In Texas, couples can divorce based on ‘insupportability’—essentially stating that the marriage has become insupportable due to discord or conflict that destroys the legitimate ends of the marriage with no reasonable expectation of reconciliation. You don’t need to prove your spouse committed adultery, was cruel, or abandoned you. You simply need to demonstrate that the marriage is irretrievably broken.
This system emerged from a recognition that forcing couples to remain legally married—or requiring them to manufacture fault allegations—served no legitimate purpose. It reduced perjury in divorce courts, decreased acrimony between spouses, and allowed families to move forward with greater dignity.
The Original Fault-Based System and Why It Changed
Before no-fault divorce became law, couples seeking to end their marriages faced a fundamentally different legal landscape. You couldn’t simply decide your marriage wasn’t working. You had to prove your spouse did something legally wrong.
Traditional fault grounds included:
- Adultery
- Cruel treatment
- Abandonment for a specified period
- Conviction of a felony
- Confinement in a mental institution
This system created perverse incentives. Couples who simply grew apart or became incompatible had to either fabricate allegations or remain legally married indefinitely. Private investigators thrived documenting alleged misconduct. Divorce proceedings became battles over whose fault it was, escalating conflict and making child custody disputes even more contentious.
The shift to no-fault divorce wasn’t about making divorce easier—it was about making it honest. It recognized that when a marriage has irretrievably broken down, forcing couples to air grievances in public courts doesn’t serve children, doesn’t serve families, and doesn’t serve society.
Project 2025 and the Push to Eliminate No-Fault Divorce
Project 2025, a comprehensive policy proposal developed by conservative organizations, includes provisions that would fundamentally reshape American divorce law. Among its many recommendations, the document explicitly calls for states to reconsider no-fault divorce provisions.
The rationale centers on several arguments:
- Strengthening marriage as an institution by making it more difficult to dissolve
- Protecting children from the impacts of divorce
- Restoring ‘traditional values’ around marriage and family
- Creating accountability for marital misconduct
While these goals may sound reasonable on the surface, the practical implications would be profound. Eliminating or restricting no-fault divorce would mean that individuals—particularly those in unhappy, dysfunctional, or even abusive marriages—would lose the ability to simply walk away.
What Would a Return to Fault-Based Divorce Mean for Dallas Families?
If Texas were to eliminate no-fault divorce, the changes would reshape every aspect of how divorce services are provided and experienced. Consider what this would mean in practice:
- Proving Fault Would Become Mandatory: You couldn’t file for divorce simply because your marriage isn’t working. You would need to prove your spouse committed a specific legal wrong—adultery, cruelty, abandonment, or another recognized fault ground. This means gathering evidence, hiring investigators, and potentially subjecting your family to invasive scrutiny.
- Increased Time and Cost: Fault-based divorces require extensive litigation. Instead of working toward an uncontested divorce in Dallas, couples would face contested proceedings with depositions, discovery, and trial preparation. This dramatically increases both the duration and expense of divorce proceedings.
- Weaponizing the Legal System: Fault-based systems give the economically stronger spouse a powerful tool to control the weaker spouse. If only one party can afford to prove fault, or if one spouse is willing to defend against fault allegations indefinitely, the other spouse becomes trapped.
- Escalated Conflict: Nothing increases parental conflict like requiring them to publicly accuse each other of wrongdoing. This conflict doesn’t stay in the courtroom—it spills over into child custody arrangements, child support discussions, and every future interaction between parents who must co-parent for years to come.
- Trapping Victims of Abuse: While abuse can constitute fault, proving it in court is difficult and dangerous. Victims often lack documented evidence. They may fear retaliation. The requirement to prove fault could trap vulnerable spouses in dangerous situations longer, exposing them and their children to continued harm.
States Considering Restrictions: The Current Legislative Landscape
Several states have already begun introducing legislation to restrict or eliminate no-fault divorce:
Louisiana
Louisiana lawmakers have proposed bills that would make it significantly harder for couples with minor children to divorce without proving fault. One proposal would require couples to prove fault grounds if they have children under 18, effectively eliminating no-fault divorce for parents.
Nebraska
Nebraska legislators have introduced measures to extend mandatory waiting periods and create additional hurdles for no-fault divorces, particularly when minor children are involved.
Texas Considerations
While Texas hasn’t yet seen major legislative proposals to eliminate no-fault divorce, the issue has been discussed in conservative policy circles. Given Texas’s political landscape and the influence of Project 2025 within certain political constituencies, residents should pay attention to potential future developments.
As a family law attorney serving Dallas and surrounding communities, I’m monitoring these proposals closely. Any changes to Texas divorce law would directly affect my clients and the families I serve.
States Expanding Access: A Different Approach
While some states consider restrictions, others are moving in the opposite direction—making divorce more accessible and reducing barriers:
California
California, which pioneered no-fault divorce in 1969, continues to streamline its processes. The state has introduced online filing systems, simplified forms for uncontested divorces, and reduced filing fees for low-income individuals.
New York
New York, which was the last state to adopt no-fault divorce in 2010, has since worked to make the process more accessible, including provisions for expedited uncontested divorces and improved access to legal services for lower-income individuals.
Washington
Washington has implemented measures to simplify divorce procedures, particularly for couples without significant assets or children, recognizing that making divorce difficult doesn’t preserve marriages—it just makes ending bad marriages harder.
Examining Both Sides: Arguments For and Against No-Fault Divorce
To understand this debate fully, we need to consider the perspectives driving it. While I have professional opinions based on decades of practice, clients deserve to understand the complete landscape.
Arguments Against No-Fault Divorce
Those advocating for eliminating or restricting no-fault divorce make several points:
Marriage Commitment
Critics argue that no-fault divorce has weakened the institution of marriage by making it too easy to exit. They contend that when couples know divorce is readily available, they may give up on marriages that could be saved with more effort.
Child Welfare Concerns
Some research suggests children generally fare better in two-parent households. Opponents of no-fault divorce argue that making divorce harder would keep more families together, benefiting children in the long run.
Accountability for Misconduct
Advocates for fault-based systems believe that spouses who violate marital vows through adultery, abuse, or abandonment should face consequences. They argue the current system allows wrongdoing without accountability.
Economic Protection
Some argue that fault-based systems better protect economically dependent spouses by requiring fault findings before granting divorce, potentially leading to more favorable spousal support arrangements for innocent parties.
Arguments Supporting No-Fault Divorce
Defenders of no-fault divorce—and I count myself among them based on 25 years of practice—emphasize different concerns:
Individual Autonomy and Safety
Adults should have the right to exit marriages that no longer serve them. More critically, requiring proof of fault can trap victims in abusive relationships, forcing them to either endure danger while gathering evidence or remain married to their abuser.
Reduction in Conflict
No-fault divorce reduces the adversarial nature of proceedings. This benefits everyone, but especially children, who are spared watching their parents publicly attack each other in court. Lower-conflict divorces create better foundations for future co-parenting.
Honesty in Legal Proceedings
Fault-based systems incentivize perjury. Couples who simply grew apart but couldn’t prove legal fault would manufacture allegations, hire private investigators to create evidence, and lie in court. No-fault divorce eliminated this corruption of the legal system.
Access to Justice
Fault-based divorce is expensive. It requires extensive litigation, expert witnesses, and investigation. This creates a two-tiered system where wealthy individuals can divorce while middle-class and low-income people remain trapped in failed marriages they can’t afford to escape.
Marriage Quality vs. Marriage Quantity
Research consistently shows that children in high-conflict households fare worse than children of divorce. Keeping miserable marriages intact doesn’t help children—it exposes them to ongoing tension, fights, and dysfunction. A healthy single-parent or co-parenting arrangement often serves children better than a toxic two-parent household.
What This Means for Texas: Current Law and Potential Changes
Texas currently allows both fault and no-fault divorce. Most couples choose no-fault divorce based on insupportability. However, fault grounds remain available and can impact property division and spousal support decisions in certain circumstances.
Texas fault grounds include:
- Cruel treatment
- Adultery
- Conviction of a felony
- Abandonment for at least one year
- Living apart for at least three years
- Confinement in a mental hospital
Currently, fault grounds can influence how courts divide property and award spousal support. A spouse who committed adultery, for example, may receive a smaller share of community property. However, couples aren’t required to prove fault to obtain a divorce.
If Texas eliminated no-fault divorce, every divorcing couple would need to prove one of these fault grounds. This would fundamentally alter the practice of family law throughout the state.
Special Considerations in High Net Worth and Complex Cases
The implications would be particularly significant in high net worth divorce cases. These cases already involve complex property division, business valuations, and asset tracing. Adding fault-based requirements would compound the complexity and cost.
Wealthier spouses could use fault-based requirements as leverage, forcing less wealthy spouses to accept unfavorable settlements rather than engage in expensive fault litigation. The economically stronger party would hold tremendous power to delay proceedings and increase costs until the other spouse capitulates.
Gender, Power, and the Reality of Contested Divorce in Dallas
While no-fault divorce benefits everyone who wants to exit a marriage with dignity, its elimination would disproportionately harm women and economically dependent spouses.
Studies consistently show that women initiate divorce at higher rates than men, often citing emotional disconnect, lack of support, or unequal division of household labor. These aren’t legal fault grounds. Under a fault-based system, women who want to leave marriages where they’re simply unhappy—but not legally wronged—would have no recourse.
Economic power imbalances would intensify. Stay-at-home parents, typically mothers, would face tremendous disadvantages. They often lack independent financial resources to wage prolonged legal battles. A working spouse could simply refuse to agree to divorce, forcing the dependent spouse to either prove fault or remain married.
This isn’t theoretical. I’ve seen contested divorce in Dallas cases where one spouse uses every available tactic to drag out proceedings and increase costs. Now imagine if that spouse also had the weapon of fault requirements—they could make divorce virtually impossible for someone without substantial resources.
Questions of fathers’ rights in Dallas divorce proceedings and mothers’ rights in Dallas divorce would become even more contentious under fault-based systems. Parents would feel compelled to make fault allegations to strengthen their custody positions, escalating conflict and harming children caught in the middle.
What Dallas Residents Can Do: Staying Informed and Protected
If you’re considering divorce or worried about how potential legal changes might affect you, here’s what you should do:
- Act While Current Law Remains in Effect: If you’ve been contemplating divorce, don’t wait indefinitely. While major changes to Texas divorce law seem unlikely in the immediate future, the political landscape can shift quickly. Current no-fault divorce provisions provide you with options that might not exist later.
- Consult with an Experienced Dallas Divorce Attorney: Whether you need a Dallas divorce lawyer consultation to understand your options or you’re ready to proceed with filing, experienced legal guidance is essential. A qualified attorney can help you understand current law, prepare for your case, and protect your interests.
- Understand Your Strategic Options: Even under current law, you have choices about how to proceed. An uncontested divorce attorney in Dallas can help you pursue an amicable resolution if possible. If your situation requires aggressive representation, experienced counsel can protect your rights in contested proceedings.
- Document Your Situation: If you’re in an unhappy or troubled marriage, document the circumstances. Keep records of important events, communications, and financial information. If the law changes and fault becomes required, having documentation could prove crucial.
- Stay Informed About Legal Developments: Follow Texas legislative sessions and pay attention to proposed family law changes. Resources like our firm’s blog provide updates on developments affecting divorce and family law in Texas.
Finding the Best Divorce Lawyer in Dallas: What to Look For
Whether you’re preparing for divorce under current law or worried about potential changes, choosing the right legal representation matters tremendously. As you search for the best divorce lawyer in Dallas, consider these essential factors:
Dallas Family Law Attorney Qualifications That Matter
Look for attorneys with substantial experience in Texas family law. Years in practice matter, but so does the breadth of that experience. Ask about:
- Years practicing family law specifically (not just general practice)
- Experience with cases similar to yours
- Familiarity with Dallas-area courts and judges
- Track record in both contested and uncontested divorces
- Experience with complex issues like child custody, high-asset division, and spousal support
When evaluating Dallas family law attorney qualifications, don’t just focus on credentials. Real-world experience in Dallas courts, knowledge of local procedures, and relationships with other family law professionals provide advantages that credentials alone cannot deliver.
Honest Communication Over Empty Reassurances
The best attorneys tell you the truth, not what you want to hear. During a Dallas divorce lawyer consultation, pay attention to how the attorney communicates:
- Do they provide realistic assessments of your case, or do they make inflated promises?
- Do they explain legal concepts clearly, or do they hide behind jargon?
- Do they identify potential problems and challenges, or do they only paint rosy scenarios?
- Do they listen to your concerns and answer your questions thoroughly?
Beware of attorneys who guarantee specific outcomes or tell you exactly what you want to hear. Family law involves too many variables for certainty. You deserve an attorney who provides honest guidance based on facts and experience, not false hope.
Strategic Compassion: Balancing Empathy with Effectiveness
The ideal Dallas divorce lawyer balances compassion with strategic thinking. You need an attorney who:
- Understands the emotional difficulty of divorce and treats you with dignity
- Seeks resolution when possible, avoiding unnecessary conflict
- But fights aggressively when necessary to protect your interests
- Knows when to negotiate and when to litigate
- Prioritizes your long-term interests over short-term wins
Divorce doesn’t have to be a war, but sometimes it becomes one. You need representation that adapts to your specific situation.
Finding an Affordable Divorce Lawyer in Dallas Without Sacrificing Quality
Cost matters, especially during the financial stress of divorce. When evaluating affordable divorce lawyer options in Dallas, understand the difference between price and value:
- Transparent pricing: Do they clearly explain their fee structure upfront?
- Efficiency: Do they work efficiently, or do they run up unnecessary hours?
- Value: What does their experience and approach deliver in terms of outcomes?
- Payment options: Do they offer payment plans or alternative fee arrangements?
The cheapest attorney isn’t always the best value. Poor representation can cost you far more in the long run through unfavorable settlements, missed opportunities, or legal mistakes that require correction.
Dallas Divorce Attorney Reviews: What to Look For
When reading Dallas divorce attorney reviews, look beyond star ratings. Pay attention to:
- Specific examples of how the attorney helped clients
- Communication style and responsiveness
- How they handled challenging situations
- Whether clients felt respected and heard
- Outcomes achieved in cases similar to yours
Remember that every case is different. No attorney wins every case or satisfies every client. Look for patterns in reviews and consider the overall reputation within the legal community.
Frequently Asked Questions About No-Fault Divorce and Texas Family Law
What is no-fault divorce in Texas?
No-fault divorce in Texas allows couples to end their marriage based on ‘insupportability’—meaning the marriage has become insupportable due to discord or conflict with no reasonable expectation of reconciliation. You don’t need to prove your spouse did anything wrong; you simply need to show the marriage is irretrievably broken.
Can I still file for divorce based on fault in Texas?
Yes. Texas allows both no-fault and fault-based divorce. Fault grounds include cruelty, adultery, conviction of a felony, abandonment, living apart for three years, and confinement in a mental hospital. Proving fault can impact property division and spousal support decisions.
How would eliminating no-fault divorce affect child custody in Dallas?
Eliminating no-fault divorce would likely increase conflict in child custody proceedings. Parents would feel pressure to make fault allegations to strengthen their positions, escalating hostility between parties who must continue co-parenting. Research shows high-conflict divorces create worse outcomes for children than lower-conflict no-fault proceedings.
Would a Dallas child support attorney’s role change under fault-based divorce?
A Dallas child support attorney would face more complex cases under fault-based systems. Child support calculations would remain the same, but the overall acrimony of fault-based proceedings would complicate negotiations and make reaching agreements more difficult. Litigation costs would increase, potentially affecting resources available for children.
How long does a no-fault divorce take in Texas?
Texas has a mandatory 60-day waiting period from the date of filing before a divorce can be finalized. Uncontested no-fault divorces can be completed as soon as this waiting period expires if all issues are resolved. Contested cases take longer, depending on complexity and court schedules, typically ranging from several months to over a year.
What’s the difference between a contested and uncontested divorce in Dallas?
An uncontested divorce in Dallas occurs when both spouses agree on all major issues: property division, debt allocation, child custody, child support, and spousal support. A contested divorce involves disputes on one or more of these issues, requiring court intervention and potentially trial. Contested divorces are significantly more expensive and time-consuming.
How do I find a divorce attorney near me in Dallas?
When searching for a ‘divorce attorney near me,’ start with attorneys who practice primarily in family law and have substantial experience in your local courts. Look for someone with specific expertise in issues relevant to your case—child custody, high-asset division, spousal support, etc. Schedule consultations with multiple attorneys to find someone whose communication style, approach, and experience fit your needs.
What should I expect during a Dallas divorce lawyer consultation?
During a consultation, bring relevant documents including marriage information, financial records, and any existing agreements. Expect to discuss your situation, goals, concerns, and the major issues in your case. A good attorney will provide a realistic assessment of your case, explain the legal process, discuss strategy options, outline costs, and answer your questions thoroughly. Use this meeting to evaluate whether the attorney’s communication style and approach fit your needs.
How much does a divorce lawyer cost in Dallas?
Divorce attorney fees in Dallas vary based on experience, case complexity, and whether the divorce is contested or uncontested. Simple uncontested divorces might range from $2,500 to $5,000 in total fees. Contested divorces can cost $15,000 to $50,000 or more, depending on complexity and litigation requirements. Most attorneys charge hourly rates between $250 and $500 per hour. The best approach is to discuss fees transparently during your initial consultation and ask about payment plans or alternative fee structures.
Would eliminating no-fault divorce make it harder for abuse victims to leave?
Yes, significantly. While abuse can constitute fault grounds, proving it in court requires documentation and evidence that victims often don’t have or can’t safely obtain. Abusers frequently control finances, limiting victims’ ability to hire attorneys and gather evidence. The requirement to prove fault would trap many abuse victims in dangerous marriages longer, exposing them and their children to continued harm. No-fault divorce provides a crucial escape route for people in unsafe situations.
Serving Dallas and Surrounding Communities
Our Dallas divorce law firm proudly serves clients throughout Dallas County. We understand that divorce proceedings often involve local court systems, and our extensive experience in Dallas-area family courts gives our clients a distinct advantage.
Whether you need a child custody lawyer in Dallas, representation in a high net worth divorce, or guidance on spousal support, we bring over 25 years of focused family law experience to your case.
Primary Service Areas:
- Dallas
- Garland
- Richardson
- Mesquite
- Irving
- DeSoto
- Grand Prairie
- Seagoville
- Duncanville
Our Services Include:
- Divorce representation (contested and uncontested)
- Child custody and visitation
- Child support modification and enforcement
- Asset division and property settlements
- Mediation and alternative dispute resolution
- Spousal support and alimony
- High net worth divorce cases
Why Choose the Law Office of Michael P. Granata?
25+ Years of Focused Experience with a Proven Track Record of Success
With over a quarter-century practicing Texas family law, we bring deep knowledge of Dallas-area courts, judges, and procedures. This experience translates into strategic advantages for our clients.
Personalized Small Team Attention
You’re not just a case number. Our small team structure ensures you receive direct attention from experienced attorneys who know your case thoroughly and respond to your concerns promptly.
Transparent Pricing
We believe in clear, upfront communication about costs. No surprises, no hidden fees—just honest discussion about what your case will likely cost and why.
Clear Explanation of Legal Options
We take time to ensure you understand your legal options, the pros and cons of different approaches, and the potential outcomes. You make informed decisions; we provide the guidance to help you do so.
Honest Case Assessment
We don’t placate, pander, or provide false client appeasement. You’ll get realistic assessments based on facts and our experience, not inflated promises we can’t deliver. We believe you deserve the truth so you can make the best decisions for your future.
Strategic and Compassionate Representation
We understand divorce is painful, and we treat every client with dignity and compassion. But we also know that protecting your interests sometimes requires aggressive, strategic advocacy. We adapt our approach to your specific situation—seeking resolution when possible, fighting hard when necessary.
Commitment to Your Interests
Your wellbeing and future matter to us. We provide transparent guidance about likely outcomes—not false hope, but honest assessment that allows you to make informed decisions about your case and your life.
Law Office of Michael P. Granata
6440 N. Central Expressway, Suite 450
Dallas, Texas 75206
Phone: (214) 977-9050
Taking the Next Step: Schedule Your Consultation
The debate over no-fault divorce highlights just how much the legal landscape of family law can shift. Whether these proposed changes become reality or remain political proposals, one thing is certain: if you’re considering divorce, you need experienced legal guidance you can trust.
Don’t navigate this alone. Whether you’re seeking an uncontested divorce attorney in Dallas, need representation in a complex contested divorce, or require guidance on child custody matters, the Law Office of Michael P. Granata provides the experienced, honest representation you need.
Contact us today at (214) 977-9050 to schedule your consultation. We’ll discuss your situation, answer your questions, and provide the honest assessment you need to move forward with confidence.
Your future matters. Let’s protect it together.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every divorce case is unique. For specific guidance about your situation, consult with a qualified Texas family law attorney.
