| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the waiting period for certain spouses filing for |
|
|
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 Subsections (a) and (c) and adding Subsection (a-1) to |
|
|
read as follows: |
|
|
(a) Except as provided by Subsection (a-1) or (c), 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. |
|
|
(a-1) Except as provided by Subsection (c), the court may |
|
|
not grant a divorce before the first anniversary of the date the |
|
|
suit was filed if: |
|
|
(1) the divorce is sought on the grounds of |
|
|
insupportability; |
|
|
(2) the household of one of the spouses is the primary |
|
|
residence for a child under the age of 18 born of the marriage; and |
|
|
(3) the respondent does not agree to the divorce. |
|
|
(c) A waiting period is not required under Subsection (a) or |
|
|
(a-1) before a court may grant a divorce in a suit in which the court |
|
|
finds that: |
|
|
(1) the respondent has been finally convicted of or |
|
|
received deferred adjudication for an offense involving family |
|
|
violence as defined by Section 71.004 against the petitioner or a |
|
|
member of the petitioner's household; or |
|
|
(2) the petitioner has an active protective order |
|
|
under Title 4 or an active magistrate's order for emergency |
|
|
protection under Article 17.292, Code of Criminal Procedure, based |
|
|
on a finding of family violence, against the respondent because of |
|
|
family violence committed during the marriage. |
|
|
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, 2011. |