Jeff Morgan was blindsided when his wife of 11 years recently filed for divorce in Dallas County, Texas. On Aug. 8, he filed a 31-page motion to dismiss the lawsuit, claiming the Texas no-fault divorce law is unconstitutional for 11 distinct reasons. Although Morgan isn’t an attorney and represents himself, his papers are packed with case law.
The law in question, Section 6.001 of the Texas Family Code, authorizes granting of a divorce “without regard to fault” when one spouse contends that “the marriage has become insupportable because of discord or conflict of personalities that destroys the legitimate ends of the marital relationship and prevents any reasonable expectation of reconciliation.”
The statute provides no definition of terms. Morgan said Texas policymakers don’t know what they mean either — he’s asked.
It boils down to the reality that spouses suing for divorce get to unilaterally decide the marriage is over without proof or explanation. Similar laws exist nationwide.
Morgan asserts that by failing to allege any facts or wrongdoing on his part, the court has no authority to even hear the case. Moreover, by requiring judges to automatically grant a divorce, the law prevents judges from even doing what judges are supposed to do — weigh the evidence.
“No-fault is actually barbaric in the way it’s been implemented,” he told me. “One person makes an allegation and that’s it.”
Discrimination and Same Protection as Same-Sex Unions
In its 2015 landmark Obergefell v. Hodges decision, the U.S. Supreme Court held that denying same-sex couples access to marriage denied them a “constellation of benefits” associated with marriage, such as health care, parental rights, property rights, inheritance rights, etc. Forced divorce will deny Morgan his right to these benefits too, he said. So why doesn’t his marriage merit the same protection as same-sex unions?
The motion also alleges violation of the due process and equal protection clauses of the 14th Amendment. Specifically, Morgan maintains that the Texas law denies his right to be heard and defend the lawsuit. By guaranteeing his wife and all plaintiff spouses always win and that defendant spouses like him always lose, the law further discriminates between the parties. As a lawyer, I think he’s right.
In addition, he claims violation of his free speech rights under the First Amendment, contending the law constitutes “viewpoint discrimination.” In other words, it adopts his wife’s views about marriage and suppresses his. But that’s how our nationwide system of unilateral no-fault divorce was designed to work.
“As long as you write the magic words, you’re gonna get your divorce,” he told me. “No matter what my viewpoint is to the contrary, it will never be heard. It will always be disregarded by the court.”
The bulk of his other attacks assert violation of various Texas laws protecting religious liberty and rights of conscience, including infringement of the Texas Religious Freedom Restoration Act.
Morgan believes that marriage is permanent. By being forced to divorce, however, the law prevents him from fulfilling his “biblical obligations to maintain the marriage covenant.”
Marriage Advocate
Divorce has afflicted Morgan his entire life. His first marriage ended when his wife of 25 years had an affair and filed for no-fault divorce, he said. The couple had three children. He is also a child of divorce and told me he had been so shaken when his mother had an affair and split their family that he wanted to kill himself.
Divorce harms children on every level of wellness, including increased risks of suicide. Men have increased suicide risks too.
But Morgan still loves his wife and believes reconciliation is possible. He said his wife suffers from stress, which may have precipitated her action. For years, the two have been caring for her live-in adult son who has serious medical issues.
After seeing divorce damage his life and that of others, 11 years ago Morgan became a staunch advocate for divorce reform.
“Our country has destroyed the institution of marriage. That which is holy and should be the greatest blessing and source of security is treated as profane, inflects untold suffering, pain, and insecurity, and no longer portrays Christ’s love for the church,” he told me.
In 2019, the Ruth Institute, an interfaith coalition focused on defending the family, awarded Morgan its Activist of the Year award for his tireless work.
“Jeff has seen divorce from the perspective of the child, the abandoned, reluctantly divorced spouse, a parent, and an alienated grandparent,” Dr. Jennifer Roback Morse, founder of the institute, told me, adding that Morgan had become aware of how little the state did to protect marriage and family.
No War on Women
Over the last year, a multitude of news outlets across the country have claimed that conservative politicians, including those in Texas, are engaged in a patriarchal plot to eliminate no-fault divorce. Little credible evidence exists of any such plot, nor that it’s part of a conservative war on women and threatens their safety.
Indeed, the lawsuit mentions no domestic abuse whatsoever on Morgan’s part. Rather, the complaint specifically states that no protective order against Morgan exists now or ever. (Of note, most divorces don’t involve domestic violence despite arguments by feminists to the contrary.)
Due to Morgan’s efforts, for several years, Texas Republican platforms have called for elimination of no-fault divorce when, as in most cases, it is unilateral. Still, legislative efforts to abolish the law have gained little traction. The same is true of other modest divorce reform efforts around the country.
Instead of conservative lawmakers coming after no-fault divorce, it’s the victims themselves. A similar, though less comprehensive, challenge is pending in Oklahoma.
Ultimately, the courts must be determine the constitutionality of no-fault divorce, with a case eventually reaching the U.S. Supreme Court. Perhaps that case will be Morgan’s.
Counsel for Morgan’s wife did not respond to emails offering an opportunity to weigh in. A hearing on the motion has been scheduled for Feb. 5, 2026.
