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.