To abolish no-fault divorce and reinstate fault-based divorce nationwide, requiring legal grounds for divorce in all states, the District of Columbia, and U.S. territories.
IN THE HOUSE OF REPRESENTATIVES
[Date]
[Member of Congress introducing the bill] introduced the following bill; which was referred to the Committee on [Judiciary or appropriate committee].
A BILL
To restore fault-based divorce requirements and establish legal standards for divorce proceedings.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the “Marriage Protection and Divorce Accountability Act.”
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.
Congress finds the following:
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No-fault divorce laws have contributed to increased divorce rates, weakened family stability, and negatively impacted children.
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Marriage is a fundamental institution that should be preserved and protected.
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Requiring legal grounds for divorce ensures accountability and prevents unilateral dissolution of marriage.
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In-person court proceedings uphold the integrity of the legal process and prevent system abuse.
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Past no-fault divorce rulings should be reviewed to ensure fairness and prevent judicial overreach.
(b) Purpose.
The purpose of this Act is to—
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Abolish no-fault divorce in all states, the District of Columbia, and U.S. territories;
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Reinstate a system requiring legal cause for divorce, such as adultery, abandonment, abuse, felony conviction, or other defined grounds;
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Protect spouses and children from unilateral divorce;
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require all divorce proceedings to be conducted in person, with no online hearings, recordings, or public broadcasting; and
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Establish a review of past no-fault divorce rulings for potential errors or injustices.
SEC. 3. ABOLISHMENT OF NO-FAULT DIVORCE.
(a) Prohibition on No-Fault Divorce.—No state, the District of Columbia, or any U.S. territory may permit a divorce without legal cause.
(b) Grounds for Divorce.—A divorce may only be granted on the following grounds:
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Adultery;
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Physical or emotional abuse;
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Willful abandonment for at least one year;
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Drug or alcohol addiction causing harm to the marriage;
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Incarceration for a felony offense exceeding one year;
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Fraud or misrepresentation at the time of marriage; or
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Any other fault-based ground determined necessary by the state legislature.
SEC. 4. LEGAL REQUIREMENTS FOR FILING FOR DIVORCE.
(a) Evidentiary Standard.—The spouse filing for divorce must provide proof of the alleged grounds through evidence admissible in court.
(b) Mandatory Waiting Period.—At least six months shall be imposed before a divorce is finalized to encourage reconciliation and responsible decision-making.
(c) Marriage Counseling.—Marriage counseling shall be required for couples filing for divorce, unless there is evidence of domestic violence or abuse.
SEC. 5. IN-PERSON COURT PROCEEDINGS AND CONFIDENTIALITY.
(a) Mandatory In-Person Hearings.—All divorce proceedings must take place in person at a court of competent jurisdiction. Virtual hearings, video conferencing, and online case filings shall be prohibited.
(b) Prohibition on Public Broadcasting.—Video recording, livestreaming, or broadcasting of divorce hearings in any form shall be prohibited.
(c) Closed Hearings.—Divorce hearings shall be closed to the public. Only the spouses, their legal representatives, the presiding judge, and authorized court personnel may be present.
SEC. 6. REVIEW OF PAST NO-FAULT DIVORCE CASES.
(a) Establishment of Review Board.—A federal review board shall be established to investigate the impact of no-fault divorce rulings on families and society.
(b) Scope of Review.—The review board shall examine—
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cases where one spouse contested a no-fault divorce;
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The financial and custodial consequences of no-fault divorces;
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whether past rulings unfairly harmed a spouse or children; and
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The long-term effects of no-fault divorce on family stability.
(c) Report to Congress.—The review board shall submit a report to Congress within two years, including recommendations for legal remedies for past cases.
SEC. 7. FEDERAL PREEMPTION OVER STATE LAWS.
(a) Supersession of State Laws.—This Act supersedes and nullifies any state law permitting no-fault divorce.
(b) Penalty for Noncompliance.—Any state, the District of Columbia, or U.S. territory failing to comply with this Act shall forfeit 10 percent of its federal funding allocated for family and social services programs.
SEC. 8. IMPLEMENTATION AND ENFORCEMENT.
(a) Effective Date.—This Act shall take effect one year from the date of enactment to allow states to revise their legal codes accordingly.
(b) Enforcement Authority.—The U.S. Department of Justice shall oversee compliance with this Act.
SEC. 9. SEVERABILITY.
If any provision of this Act is found unconstitutional, the remaining provisions shall remain in full force and effect.
SEC. 10 EFFECTIVE DATE.
This Act shall take effect on the first day of the fiscal year following its enactment.
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