By Van de Putte S.B. No. 1292
77R6377 KSD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a suit for legal separation in a marriage.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. The heading to Subtitle C, Title 1, Family Code,
1-5 is amended to read as follows:
1-6 SUBTITLE C. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION
1-7 SECTION 2. The heading to Chapter 6, Family Code, is amended
1-8 to read as follows:
1-9 CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE
1-10 AND SUIT FOR LEGAL SEPARATION
1-11 SECTION 3. Chapter 6, Family Code, is amended by adding
1-12 Subchapter J to read as follows:
1-13 SUBCHAPTER J. LEGAL SEPARATION
1-14 Sec. 6.851. ACTION AUTHORIZED. A person may file a suit for
1-15 legal separation from the person's spouse as provided by this
1-16 subchapter.
1-17 Sec. 6.852. GROUNDS FOR LEGAL SEPARATION. A court may render
1-18 an order of legal separation on any grounds that a court may grant
1-19 a divorce under Subchapter A.
1-20 Sec. 6.853. JURISDICTION, VENUE, AND RESIDENCE
1-21 QUALIFICATIONS. The provisions of Subchapter D regarding
1-22 jurisdiction, venue, and residence apply to a suit for legal
1-23 separation.
1-24 Sec. 6.854. PROCEDURE; FILING SUIT. The provisions of
2-1 Subchapter E regarding the filing of a suit, pleadings, and other
2-2 procedural matters apply to a suit for legal separation.
2-3 Sec. 6.855. TEMPORARY ORDERS. In a suit for legal
2-4 separation, a court may issue a temporary order as provided by
2-5 Subchapter F.
2-6 Sec. 6.856. MARITAL PROPERTY AGREEMENT; CHARACTER OF
2-7 PROPERTY. (a) The parties to a suit for legal separation may enter
2-8 into a written marital property agreement:
2-9 (1) for the partition or exchange of community
2-10 property as provided by Section 4.102; or
2-11 (2) regarding the income or property arising from
2-12 separate property as provided by Section 4.103.
2-13 (b) The court may approve a marital property agreement
2-14 described by Subsection (a) and incorporate the agreement into the
2-15 court's order of legal separation.
2-16 (c) If the court approves the marital property agreement and
2-17 incorporates the agreement into the court's order of legal
2-18 separation, the agreement survives the legal separation and is
2-19 binding on the parties to the agreement in the event of a
2-20 subsequent divorce of the parties.
2-21 (d) Except as provided by this section or as otherwise
2-22 provided by law, an order of legal separation does not affect the
2-23 character of the parties' property or the character of future
2-24 income acquired by the parties.
2-25 Sec. 6.857. MAINTENANCE AGREEMENT. The parties to a suit for
2-26 legal separation may enter into an agreement under which one spouse
2-27 agrees to pay maintenance to the other spouse.
3-1 Sec. 6.858. LIABILITIES. An order of legal separation does
3-2 not affect the liabilities of the parties as to third persons.
3-3 Sec. 6.859. MANDATORY JOINDER OF SUIT AFFECTING PARENT-CHILD
3-4 RELATIONSHIP. (a) The petition in a suit for legal separation must
3-5 state whether there are children born or adopted of the marriage
3-6 who are under 18 years of age or who are otherwise entitled to
3-7 child support as provided by Chapter 154.
3-8 (b) If the parties are parents of a child and the child is
3-9 not under the continuing jurisdiction of another court as provided
3-10 by Chapter 155, the suit for legal separation must include a suit
3-11 affecting the parent-child relationship under Title 5.
3-12 (c) The provisions of Section 6.407 regarding transfer of a
3-13 suit affecting the parent-child relationship apply to a suit for
3-14 legal separation.
3-15 Sec. 6.860. SUIT FOR DISSOLUTION OF MARRIAGE FILED DURING
3-16 PENDENCY OF SUIT FOR LEGAL SEPARATION. If a party to a suit for
3-17 legal separation files suit for dissolution of the marriage during
3-18 the pendency of the suit for legal separation, the suit for
3-19 dissolution of the marriage must be filed in the court having
3-20 jurisdiction of the suit for legal separation. On the filing of
3-21 the suit for dissolution of the marriage, the court shall abate the
3-22 suit for legal separation pending resolution of the suit for
3-23 dissolution of the marriage.
3-24 Sec. 6.861. SUIT FOR DISSOLUTION OF MARRIAGE FILED AFTER
3-25 ORDER OF LEGAL SEPARATION RENDERED. The rendition of an order of
3-26 legal separation does not preclude a party to the legal separation
3-27 from filing a suit for dissolution of the marriage.
4-1 Sec. 6.862. EFFECT OF LEGAL SEPARATION ORDER; PROHIBITION
4-2 AGAINST REMARRIAGE. An order of legal separation does not terminate
4-3 the marriage and a party to a legal separation may not marry a
4-4 third party.
4-5 SECTION 4. This Act takes effect September 1, 2001.