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.”

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 weighing the evidence. “No-fault is actually barbaric in the way it’s been implemented,” he said.

In his motion, Morgan alleges violations of the due process and equal protection clauses of the 14th Amendment. He 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, the law discriminates between the parties. Morgan also claims a violation of his free speech rights under the First Amendment, arguing that the law constitutes “viewpoint discrimination.”

Morgan believes that marriage is permanent and that the law prevents him from fulfilling his “biblical obligations to maintain the marriage covenant.” He has been a staunch advocate for divorce reform, citing the negative impacts of divorce on children and families.

Advocacy and Future Implications

Morgan’s advocacy work has gained recognition, including the Ruth Institute’s Activist of the Year award in 2019. He argues that the current divorce laws undermine the institution of marriage and contribute to societal harm. Despite legislative calls for reform in Texas, efforts to abolish no-fault divorce have gained little traction.

A hearing on Morgan’s motion has been scheduled for Feb. 5, 2026. The outcome could have significant implications for the future of no-fault divorce laws in Texas and potentially across the nation. Morgan’s case may eventually reach the U.S. Supreme Court, where the constitutionality of such laws could be challenged.

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