By Trendsetter Tribune 
WASHINGTON — A growing movement within the Republican Party to restrict or eliminate no-fault divorce has moved from the fringes of political discourse into active legislative sessions across several states. As of Friday, February 20, 2026, lawmakers in a handful of “red” states are advancing bills that would require millions of Americans to prove “fault”—such as adultery, abuse, or abandonment—before a court can grant a dissolution of marriage.
The push, championed by conservative leaders including Vice President JD Vance and Speaker Mike Johnson, argues that making divorce “too easy” has undermined the stability of the American family.
State-Level Hotspots: The Legislative Front Lines
While divorce law is primarily handled at the state level, 2026 has seen a coordinated wave of “covenant marriage” and “anti-no-fault” proposals.
| State | Status of Legislation | Key Proposal |
| Iowa | SF 2172 (Active) | Passed a Senate subcommittee on Feb 14, 2026. It allows couples to “opt out” of no-fault divorce via a covenant-style contract. |
| Texas | HB 3401 (Reintroduced) | Aims to repeal the “insupportability” ground for divorce, forcing spouses to prove specific misconduct in court. |
| Oklahoma | SB 1958 (Pending) | Would eliminate no-fault divorce entirely, redefining “fault” to include substance abuse or living apart for three years. |
| Louisiana | Active Debate | The state GOP has formally added the elimination of no-fault divorce to its platform, though a specific 2026 bill is still in drafting. |
The “Vance-Johnson” Philosophy
The movement is bolstered by high-ranking federal officials who have long been critical of the “sexual revolution” and its impact on marriage.
- Vice President JD Vance: Has previously described no-fault divorce as a “great trick” that makes people “shift spouses like they change their underwear.” He has advocated for making it harder for couples with children to separate.
- Speaker Mike Johnson: A practitioner of “covenant marriage” himself, Johnson has argued that the 1970s-era shift toward no-fault laws has led to a “culture of disposable relationships.”
- Project 2025 Influence: While the document does not explicitly call for a federal ban, its contributors have frequently discussed using federal tax incentives to reward “traditional” marriages and penalize “unilateral” divorce.
The Human Cost: “Trapped in Violence”
Advocates for domestic violence survivors have sounded a national alarm, warning that removing no-fault options would “trap” millions of people in dangerous homes.
- The “Proof” Burden: Under “fault-based” rules, a victim of abuse must prove their spouse’s cruelty in court. Advocates argue this is often impossible, as much domestic violence happens behind closed doors without witnesses.
- Safety Concerns: Studies from the initial adoption of no-fault laws showed a 30% decline in domestic violence and an 8–16% decline in female suicide. Critics warn these trends would reverse if the laws are rolled back.
- Financial Barriers: Fault-based divorces are significantly more expensive and time-consuming, as they require investigative evidence and prolonged litigation.
The Federal “Carrot and Stick” Approach
While a federal law banning divorce is unlikely due to constitutional limits, the administration is reportedly considering “soft” pressure on states to change their rules.
“A federal overhaul of divorce rules could standardize the procedure… conditioning federal welfare or highway funds on states implementing stricter marriage contracts.” — Legal Analyst Report, Feb 2026
The “Covenant Marriage” Compromise
In some states, Republicans are pushing “Covenant Marriage” as a middle ground. This allows couples to choose a “higher-tier” marriage contract that legally forbids them from seeking a no-fault divorce later. Supporters say this respects religious freedom; opponents say it creates a “two-tiered” legal system where some citizens have fewer rights than others.