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.