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.