By Wohlgemuth H.B. No. 323
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the divorce of certain persons on the grounds of
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3.01, Family Code, is amended to read as
1-7 Sec. 3.01. INSUPPORTABILITY. (a) A divorce may be
1-8 decreed on the grounds of insupportability only if the parties to
1-9 the marriage are not the parents of a child under 18 years of age
1-10 born or adopted during the marriage.
1-11 (b) On the petition of both parties [
either party] to a
1-12 marriage, a divorce may be decreed without regard to fault if the
1-13 marriage has become insupportable because of discord or conflict
1-14 of personalities that destroys the legitimate ends of the marriage
1-15 relationship and prevents any reasonable expectation of
1-17 (c) A divorce may not be decreed on the grounds of
1-18 insupportability before the first anniversary of the date the
1-19 parties to a marriage filed suit for dissolution of the marriage.
1-20 SECTION 2. Section 3.60, Family Code, is amended to read as
1-22 Sec. 3.60. WAITING PERIOD. (a) Except as provided by
1-23 Subsection (b), a [ A] divorce shall not be granted until at least
1-24 60 days have elapsed since the day the suit was filed. However, a
2-1 decree entered in violation of this subsection [ section] is not
2-2 subject to collateral attack.
2-3 (b) A divorce sought on the grounds of insupportability may
2-4 not be granted before the first anniversary of the date the parties
2-5 to the marriage filed a petition for dissolution of the marriage.
2-6 SECTION 3. This Act takes effect September 1, 1997, and
2-7 applies only to a suit for dissolution of a marriage filed on or
2-8 after that date. A suit for dissolution of a marriage filed before
2-9 that date is governed by the law in effect at the time the suit was
2-10 filed, and the former law is continued in effect for that purpose.
2-11 SECTION 4. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended.