By Wohlgemuth                                          H.B. No. 245
         77R1623 KSD-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the divorce of certain persons on the grounds of
 1-3     insupportability.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 6.001, Family Code, is amended to read as
 1-6     follows:
 1-7           Sec. 6.001.  INSUPPORTABILITY. (a)  A court may grant a
 1-8     divorce  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, the court may grant a divorce without regard to fault if
1-13     the marriage has become insupportable because of discord or
1-14     conflict of personalities that destroys the legitimate ends of the
1-15     marital relationship and prevents any reasonable expectation of
1-16     reconciliation.
1-17           (c)  A court may not grant a divorce 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 6.702, Family Code, is amended to read as
1-21     follows:
1-22           Sec. 6.702.  WAITING PERIOD. (a)  Except as provided by
1-23     Subsection (c), the [The] court may not grant a divorce before the
1-24     60th day after the date the suit was filed.  A decree rendered in
 2-1     violation of this subsection is not subject to collateral attack.
 2-2           (b)  A waiting period is not required before a court may
 2-3     grant an annulment or declare a marriage void other than as
 2-4     required in civil cases generally.
 2-5           (c)  A court may not grant a divorce on the grounds of
 2-6     insupportability before the first anniversary of the date the
 2-7     parties to the marriage filed a petition for dissolution of the
 2-8     marriage.
 2-9           SECTION 3. This Act takes effect September 1, 2001, and
2-10     applies only to a suit for dissolution of a marriage filed on or
2-11     after that date.  A suit for dissolution of a marriage filed before
2-12     the effective date of this Act is governed by the law in effect at
2-13     the time the suit was filed, and the former law is continued in
2-14     effect for that purpose.