By: Patrick S.B. No. 583

(In the Senate - Filed February 12, 2007; February 26, 2007, read first time and referred to Committee on Jurisprudence; April 23, 2007, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 1; April 23, 2007, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 583 By: Wentworth

A BILL TO BE ENTITLED

AN ACT

relating to the waiting period for a divorce on the grounds of insupportability.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 6.702, Family Code, is amended by amending Subsection (a) and adding Subsections (c) and (d) to read as follows:

(a) Except as provided by Subsection (c), the [The] court may not grant a divorce before the 60th day after the date the suit was filed. [A decree rendered in violation of this subsection is not subject to collateral attack.]

(c) The court may not grant a divorce on the grounds of insupportability before the 90th day after the date the suit was filed.

(d) A decree rendered in violation of Subsection (a) or (c) is not subject to collateral attack.

SECTION 2. The change in law made by this Act applies only to a suit for dissolution of a marriage filed on or after the effective date of this Act. A suit for dissolution of a marriage filed before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2007.

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