SRC-JBJ S.B. 1292 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1292
77R6377 KSD-DBy: Van de Putte
Jurisprudence
4/17/2001
As Filed


DIGEST AND PURPOSE 

Currently, Texas law does not allow for legal separation.  As proposed,
S.B. 1292 creates a mechanism whereby spouses may file for legal separation
in Texas. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends the heading to Title 1C, Family Code, to read as follows:

SUBTITLE C.  DISSOLUTION OF MARRIAGE 
AND LEGAL SEPARATION
 
SECTION 2.  Amends the heading to Chapter 6, Family Code, to read as
follows: 

CHAPTER 6.  SUIT FOR DISSOLUTION OF MARRIAGE
AND SUIT FOR LEGAL SEPARATION

SECTION 3.  Amends Chapter 6, Family Code, by adding Subchapter J, as
follows: 

SUBCHAPTER J. LEGAL SEPARATION

Sec. 6.851.  ACTION AUTHORIZED.  Authorizes a person to file a suit for
legal separation from the person's spouse as provided by this subchapter. 

 Sec. 6.852.  GROUNDS FOR LEGAL SEPARATION.  Authorizes a court to render
an  
order of legal separation on any grounds that a court may grant a divorce
under Subchapter A. 

Sec. 6.853.  JURISDICTION, VENUE, AND RESIDENCE QUALIFICATIONS.  Provides
that the provisions of Subchapter D regarding jurisdiction, venue, and
residence apply to a suit for legal separation. 

Sec. 6.854.  PROCEDURE; FILING SUIT.  Provides that the provisions of
Subchapter E regarding the filing of a suit, pleadings, and other
procedural matters apply to a suit for legal separation. 

Sec. 6.855.  TEMPORARY ORDERS.  Authorizes a court, in a suit for legal
separation, to issue a temporary order as provided by Subchapter F. 

Sec. 6.856.  MARITAL PROPERTY AGREEMENT; CHARACTER OF PROPERTY. (a)
Authorizes the parties to a suit for legal separation to enter into a
written marital property  agreement for the partition or exchange of
community property as provided by Section 4.102, or regarding the income or
property arising from separate property as provided by Section 4.103. 

(b)   Authorizes the court to approve a marital property agreement
described by Subsection (a)  and incorporate the agreement into the court's
order of legal separation. 

(c)  Provides that, if the court approves the marital property agreement
and incorporates the agreement into the court's order of legal separation,
the agreement survives the legal separation and is binding on the parties
to the agreement in the event of a subsequent divorce of the parties.    

(d)  Provides that, except as provided by this section or as otherwise
provided by law, an order of legal separation does not affect the character
of the parties' property or the character of future income acquired by the
parties. 

Sec. 6.857.  MAINTENANCE AGREEMENT.  Authorizes the parties to a suit for
legal separation to enter into an agreement under which one spouse agrees
to pay maintenance to the other spouse. 

Sec. 6.858.  LIABILITIES.  Provides that an order of legal separation does
not affect the liabilities of the parties as to third persons. 

Sec. 6.859.  MANDATORY JOINDER OF SUIT AFFECTING PARENT-CHILD RELATIONSHIP.
(a)  Requires the petition in a suit for legal separation to state whether
there are children born or adopted of the marriage who are under 18 years
of age or who are otherwise entitled to child support as provided by
Chapter 154. 

(b)  Requires the suit for legal separation, if the parties are parents of
a child and the child is not under the continuing jurisdiction of another
court as provided by Chapter 155, to include a suit affecting the
parent-child relationship under Title 5. 
 
(c)   Provides that the provisions of Section 6.407 regarding transfer of a
suit affecting the parent-child relationship apply to a suit for legal
separation. 

Sec. 6.860.  SUIT FOR DISSOLUTION OF MARRIAGE FILED DURING PENDENCY OF SUIT
FOR LEGAL SEPARATION.  Requires the suit for dissolution of the marriage,
if a party to a suit for legal separation files suit for dissolution of the
marriage during the pendency of the suit for legal separation, to be filed
in the court having jurisdiction of the suit for legal separation.
Requires the court, on the filing of the suit for dissolution of the
marriage, to abate the suit for legal separation pending resolution of the
suit for dissolution of the marriage. 

Sec. 6.861.  SUIT FOR DISSOLUTION OF MARRIAGE FILED AFTER ORDER OF LEGAL
SEPARATION RENDERED.  Provides that the rendition of an order of legal
separation does not preclude a party to the legal separation from filing a
suit for dissolution of the marriage. 

Sec. 6.862.  EFFECT OF LEGAL SEPARATION ORDER; PROHIBITION AGAINST
REMARRIAGE.  Provides that an order of legal separation does not terminate
the marriage and a party to a legal separation may not marry a third party. 

SECTION 4.  Effective date: September 1, 2001.