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A BILL TO BE ENTITLED
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AN ACT
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relating to the waiting period for issuing a decree in certain suits |
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for divorce. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.702, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) Except as provided by Subsection (c), the [The] court |
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may not grant a divorce before the 60th day after the date the suit |
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was filed. A decree rendered in violation of this subsection is not |
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subject to collateral attack. |
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(c) A waiting period is not required under Subsection (a) |
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before a court may grant a divorce in a suit in which: |
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(1) the respondent has been finally convicted of an |
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offense an element of which included the respondent assaulting or |
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threatening the petitioner; or |
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(2) there is evidence sufficient for the court to find |
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that the respondent committed family violence during the marriage, |
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including evidence that: |
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(A) a temporary order has been issued against the |
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respondent under Subchapter F; or |
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(B) the petitioner has obtained a protective |
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order under Title 4 against the respondent because of family |
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violence. |
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SECTION 2. The change in law made by this Act applies only |
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to a suit for dissolution of a marriage filed on or after the |
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effective date of this Act. A suit for dissolution of a marriage |
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filed before the effective date of this Act is governed by the law |
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in effect on the date the suit was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |