BILL ANALYSIS
By: Hartnett
Committee Report (Substituted)
BACKGROUND AND PURPOSE
Although infrequently requested, fault-based divorces remain available to spouses seeking a divorce. Currently, there is no statutory instruction that the divorce court consider fault in the division of marital property. C.S.H.B. 1965 seeks to clear up confusion regarding the standard for division of the spouses= properties by providing a statutory instruction.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
Amends Section 7.001, Family Code, requiring a court to consider fault of the spouses in dividing the estate of the spouses. Amends Sections 6.001 and 7.001 of the Family Code, changing the references to a Aparty to@ a marriage, "party," or "parties" to a Aspouse of@ a marriage, "spouse," or "spouses" to conform to the remainder of this chapter of the Family Code. The bill is prospective in effect.
EFFECTIVE DATE
September 1, 2005
COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 1965 removes Sections 2, 3, 4, and 5 of H.B. 1965 and renumbers the sections accordingly. C.S.H.B. 1965 removes the requirements that courts grant a divorce in cases of cruel treatment, adultery, abandonment, or felony conviction.