House Bills 3401 and 931 framed one of this year’s most spirited family law debates at the Capitol, with Texas lawmakers sparring over two very different visions of marriage and divorce. HB 3401 would end the state’s half-century-old no-fault divorce rule. HB 931 would add a second, stricter form of marriage that couples could choose at the courthouse.
While lawmakers ultimately let both measures die in committee, the arguments that surfaced will likely return next season, and they may matter for anyone saving for, planning, or considering a divorce in San Antonio in the future.
How Does Texas Divorce Work Right Now?
As one of the pioneering states to enact no-fault divorce laws (following California), Texas introduced its no-fault divorce laws in 1970, later codifying them as Family Code § 6.001, commonly referred to as “insupportability.” Under current Texas law, either spouse may ask for a divorce when conflict has destroyed their marriage, or they can still pursue a fault-based divorce alleging grounds such as adultery or cruelty.
Today, a divorce petition can cite:
- Insupportability (no-fault), or
- Fault grounds, including adultery, cruelty, more than one year of felony conviction, living apart for over three years, or long-term confinement in a mental institution.
Today, most Texans choose a no-fault path because of its relative ease, time, and cost savings.
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HB 3401: Repealing No-Fault Divorce – A Closer Examination
When Representative Bret Money (R-Greenville) filed HB3401, he tapped into a long-simmering debate about whether divorce should be easier to exit or harder to abandon. The bill is deceptively simple – just two pages – but its ripple effects would be profound: it deletes Family Code § 6.001, “insupportability,” the ground Texans have used for no-fault divorce since 1970. If enacted, every petitioner would have to prove one of six fault-based grounds or obtain the other spouse’s agreement.
Why do supporters believe Texas should scrap no-fault divorce?
Proponents of HB 3401 speak in terms of preserving marriage, promoting personal accountability, and ensuring child well-being. The reasoning typically goes like this:
- “Divorce has become too casual.” Supporters of the bill argue that a marriage license should be more than a revocable contract. Requiring proof of fault brings “gravitas” back to marriage vows. They point to studies showing a short-term spike in divorces after no-fault laws took effect nationally and claim that easy exits undermine social stability.
- “Bad actors should face consequences.” In a fault-based divorce, a spouse who commits adultery or abuse can be penalized in property division or spousal maintenance. Advocates of the bill say this deters misconduct and vindicates wronged partners.
- “Kids benefit from two-parent homes.” Family policy groups cite research linking intact families to better educational and economic outcomes. Their logic: if divorce requires evidence of wrongdoing, some couples will instead seek counseling or stay the course, sparing children from a split household.
- “This will discourage ‘drive-through’ divorces.” Legislators backing HB 3401 contend that no-fault petitions can move from filing to decree in as little as 60 days; a fault standard, on the other hand, forces deeper consideration and, perhaps, reconciliation.
Why opponents warn that the bill would do more harm than good
Critics of the bill – family law attorneys, domestic violence advocates, and even many faith-based groups that otherwise champion marriage – have countered with some overarching concerns:
- Safety and autonomy: Proving cruelty requires evidence, including witness testimony, medical records, and confronting an abuser in court. Survivors may stay because the evidentiary burden to prove cruelty is too high. Legal scholars have called no-fault divorce a lifeline for victims who need a swift exit.
- Cost and court congestion: Fault-based cases require depositions, subpoenas, and contested hearings, resulting in time and resources many individuals simply cannot afford. Lawyers predict dockets would swell, lengthening waits for custody and support orders that children’s stability relies on.
- Economic inequity: The spouse with less income, often the stay-at-home parent, may lack funds to prove adultery or cruelty, effectively locking people with fewer resources into unhappy marriages.
- Children and stability: High-conflict marriages harm children more than low-conflict divorces.
Where HB 3401 stands and what comes next
HB 3401 stalled in the House Subcommittee on Family and Fiduciary Relationships and died on the chamber calendar in May. But there are still very vocal critics of no-fault divorce and national conversations that continue to keep the issue alive. Observers expect the matter to reemerge in 2027, particularly if voters demand it. Until the Legislature acts, no-fault divorce remains Texas law, but prudent couples and their attorneys should plan for different possible scenarios.
HB 931: Creating an Optional “Covenant Marriage” — Reinventing Commitment in Texas
While HB 3401 sparked fierce debate over rolling back no-fault divorce, HB 931 took a more nuanced approach to the same concerns. Rather than restricting divorce for everyone, this bill proposed an alternative path: the covenant marriage. The covenant marriage would not replace traditional marriage but instead would offer a voluntary option for couples who want to approach marriage more deliberately, with greater accountability and fewer exit ramps.
Although HB 931 didn’t pass during the 2025 legislative session, it revived national interest in the concept of covenant marriage — a legal framework that blends personal faith or philosophical values with state-recognized marriage rights. For Texas families, particularly those in religious or traditional households, this bill offered a symbolic and legal structure that reinforces the belief that marriage is a lifelong commitment, not just a contract.
What HB 931 Proposed
Under HB 931, couples could choose a covenant marriage license either when first getting married or later by affidavit. Features of the bill included:
- Mandatory premarital counseling (at least 5 hours) with a licensed counselor, clergy members, or other qualified professional
- A Declaration of Intent acknowledging that marriage is for life and that both parties understand the limited grounds for divorce
- A waiver of the normal marriage license filing fee, as a symbolic incentive for those choosing the stricter option
To divorce under a covenant marriage, one of the following would be required:
- Proof of fault, such as adultery, abuse, abandonment, or criminal conviction
- A mutual agreement to divorce, plus a minimum of 5 hours of marriage counseling
- Two years of living apart, if the other spouse does not consent to the divorce
This structure is modeled after laws in Louisiana, Arizona, and Arkansas, where similar covenant marriage statutes have existed since the late 1990s.
Why Proponents Support Covenant Marriage
Supporters of HB 931 believe it offers a positive, values-driven solution to concerns about rising divorce rates without imposing new restrictions on those who don’t want them. Arguments in favor of the bill centered on personal responsibility, freedom of choice, and cultural revitalization.
Supporters believe covenant marriage:
- Promotes thoughtful decision-making before marriage – Couples must undergo real preparation before saying “I do,” gaining a deeper understanding of each other’s values and conflict resolution skills.
- Reinforces commitment – By choosing a stricter marriage contract, couples send a message to themselves, each other, and their community that they are entering marriage with the intent of permanence.
- Provides a faith- and values-aligned legal option – Many religious couples already undergo premarital counseling; this bill allows them to formalize their beliefs within a legal structure.
- Offers symbolic and practical benefits – Counseling requirements ensure that couples explore reconciliation before ending the marriage.
In short, supporters of the bill believe that covenant marriage provides those who value lifelong commitment with legal tools to live by their convictions.
Why Critics Caution Against HB 931
While HB 931 was framed as voluntary, critics still raised concerns, especially from a domestic violence and civil liberties standpoint. Even with the best intentions, they argued, the bill could create risks or confusion for vulnerable spouses.
Critics warned that covenant marriage could:
- Create unequal pressure in relationships – In some relationships, one partner may hold more financial, emotional, or spiritual power and pressure the other into agreeing to a covenant marriage, despite private misgivings.
- Delay or obstruct escape from unsafe marriages – Abuse victims could be forced to prove fault, complete counseling, or wait two years to divorce if the abusive partner refuses to agree to a divorce.
- Increase in legal complications and confusion – With two types of marriage licenses on file, courts may face administrative headaches. It was unclear how these marriages would be treated in other states or what would happen if records were misclassified.
- Reduce autonomy later in life – A young person agreeing to a covenant marriage may feel differently later in life but face hurdles to leave the relationship.
In other words, even optional systems can have unintended consequences, particularly for those who don’t fully understand what they are agreeing to.
What Happens Next?
HB 931 did not become law in 2025, but its framing as an “opt-in” reform makes it more viable than sweeping mandates like HB 3401. It’s likely that some form of this bill will return in future sessions, especially if it continues to gain support from religious and pro-marriage advocacy groups. In the meantime, covenant marriage remains only a concept, not a reality, in Texas today.
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Keeping Informed About Legal Changes to Family Law in Texas
The conversation around no-fault divorce and covenant marriage in Texas reflects a cultural shift about how we define commitment, accountability, and personal freedom within marriage. While no legislative changes have taken effect yet, bills like HB 3401 and HB 931 show that marriage and divorce laws are far from settled, and any future reforms could have real and lasting impacts on families in San Antonio and across Texas. Whether you are considering a divorce or simply want to understand how these changes could affect your future rights, now is the time to stay informed, involved, and prepared.
If you have questions about Texas family laws regarding divorce or how to protect yourself and your family during the process, the experienced San Antonio family law attorneys at Melone Hatley, P.C. are here to help. Call us at 210-688-8550 or contact us online to schedule a free consultation with one of our Client Services Coordinators.
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