A Dallas County man’s lawsuit challenging Texas’s no-fault divorce law could reshape how marriages are dissolved nationwide if it succeeds.

At a Glance

• Jeff Morgan filed a motion to dismiss his wife’s divorce petition in Dallas County.
• He claims Texas’s no-fault divorce statute violates the 14th Amendment.
• No-fault divorce laws allow one spouse to dissolve a marriage without proving wrongdoing.
• The case could impact family law policies across multiple U.S. states.

The Challenge in Dallas

Jeff Morgan, representing himself, has filed a motion to dismiss his wife’s divorce petition, claiming Texas’s no-fault divorce law is unconstitutional. The statute currently allows one spouse to dissolve a marriage by citing that it has become “insupportable,” without requiring proof of misconduct.

Morgan argues that this provision denies him due process and equal protection under the 14th Amendment by allowing unilateral dissolution without explanation or mutual agreement. His filing, now pending in Dallas County court, directly challenges the foundation of no-fault divorce, which has been a fixture of American family law since its introduction in California in 1970.

Watch: The Push to End No Fault Divorce in the State of Texas

Watchdogs and Advocates

The case has sparked significant attention among advocacy groups and legal commentators. Reform organizations, including those aligned with broader family policy initiatives like Project 2025, have argued that no-fault divorce undermines the stability of marriage and contributes to higher divorce rates.

On the other side, family law practitioners caution that eliminating no-fault divorce would reintroduce contentious, fault-based proceedings, often involving accusations of adultery, abuse, or abandonment. Critics warn this could increase litigation costs and emotional strain for families, particularly children, caught in disputes.

A Legal Test Case?

Courts across the country have historically upheld no-fault divorce statutes, citing states’ broad authority to regulate marriage and divorce. Legal experts note that Morgan’s case presents a constitutional challenge not yet directly addressed by the U.S. Supreme Court. If a Texas court were to rule in his favor, the decision could open the door for appeals and potential Supreme Court review.

Family law attorneys emphasize that overturning no-fault divorce in Texas could trigger ripple effects in other states. Some see the case as a test of whether courts are willing to revisit a legal framework that has governed marriage dissolution for over half a century. Others argue that the case may ultimately reinforce the constitutionality of no-fault divorce if higher courts decline to intervene.

Wider Implications

The lawsuit arrives at a time of heightened debate about family structure, religious values, and state regulation of personal relationships. Proponents of reform argue that requiring proof of fault would better protect the institution of marriage and curb what they see as “unilateral divorce tyranny.” Opponents counter that restricting access to divorce would erode individual autonomy and trap people in unhealthy or unwanted relationships.

For now, the case remains at the trial court stage, with Morgan’s motion still awaiting a ruling. While legal experts caution that the odds of overturning Texas’s law are slim, the challenge has already reignited debate over the future of marriage and divorce policy in the United States.

Sources

The Federalist
Houston Divorce Lawyer for Men
Law Office of Bryan Fagan
KTVZ