The phrase signifies a potential legislative or judicial action that would eliminate or severely restrict the ability of individuals in Texas to obtain a divorce without having to prove fault (e.g., adultery, cruelty) on the part of their spouse. Currently, Texas allows for both fault-based and no-fault divorces. A no-fault divorce can be granted based solely on insupportability, meaning the marital relationship is no longer viable due to discord or conflict.
The potential for changes in divorce law in Texas generates substantial discussion because it could impact the accessibility and process of dissolving marriages. Historically, divorce laws were significantly stricter, requiring demonstrable wrongdoing. The introduction of no-fault divorce options aimed to simplify the process, reduce acrimony, and lower legal costs. Eliminating this option could lead to increased litigation as individuals are forced to prove fault to obtain a divorce. This process could also potentially disadvantage vulnerable parties, such as those in abusive relationships who may struggle to gather sufficient evidence of fault.