79R7500 KSD-D

By:  Hartnett                                                     H.B. No. 1965



A BILL TO BE ENTITLED

AN ACT

relating to the grounds for a divorce and the division of property 
in a decree of divorce.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 6.001, Family Code, is amended to read as 
follows:       
	Sec. 6.001.  INSUPPORTABILITY.  On the petition of either 
spouse of [party to] a marriage, the court may grant a divorce 
without regard to fault if the marriage has become insupportable 
because of discord or conflict of personalities that destroys the 
legitimate ends of the marital relationship and prevents any 
reasonable expectation of reconciliation.
	SECTION 2.  Section 6.002, Family Code, is amended to read as 
follows:       
	Sec. 6.002.  CRUELTY.  The court shall [may] grant a divorce 
in favor of one spouse if the other spouse is guilty of cruel 
treatment toward the complaining spouse of a nature that renders 
further living together insupportable.
	SECTION 3.  Section 6.003, Family Code, is amended to read as 
follows:       
	Sec. 6.003.  ADULTERY.  The court shall [may] grant a divorce 
in favor of one spouse if the other spouse has committed adultery.
	SECTION 4.  Section 6.004(a), Family Code, is amended to 
read as follows:    
	(a)  The court shall [may] grant a divorce in favor of one 
spouse if during the marriage the other spouse:
		(1)  has been convicted of a felony;                                          
		(2)  has been imprisoned for at least one year in the 
state penitentiary, a federal penitentiary, or the penitentiary of 
another state; and
		(3)  has not been pardoned.                                                   
	SECTION 5.  Section 6.005, Family Code, is amended to read as 
follows:       
	Sec. 6.005.  ABANDONMENT.  The court shall [may] grant a 
divorce in favor of one spouse if the other spouse:
		(1)  left the complaining spouse with the intention of 
abandonment; and     
		(2)  remained away for at least one year.                                     
	SECTION 6.  Section 7.001, Family Code, is amended to read as 
follows:       
	Sec. 7.001.  GENERAL RULE OF PROPERTY DIVISION.  (a) In a 
decree of divorce or annulment, the court shall order a division of 
the estate of the spouses [parties] in a manner that the court deems 
just and right, having due regard for the rights of each spouse
[party] and any children of the marriage.
	(b)  In a decree of divorce granted on a ground described by 
Section 6.002, 6.003, 6.004, or 6.005, the court shall order a 
significantly disproportionate division of the estate of the 
spouses in favor of the spouse who the court determines is least at 
fault.
	SECTION 7.  The changes in law made by this Act apply to a 
decree of divorce rendered in a suit for dissolution of a marriage 
that is pending on the effective date of this Act or filed on or 
after that date.
	SECTION 8.  This Act takes effect September 1, 2005.