87R7247 MLH-D
 
  By: Krause H.B. No. 3187
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to divorce on the grounds of insupportability.
         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. (a) On the petition of
  either party to a marriage or both parties 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.
         (b)  Notwithstanding any other law, if only one party files a
  petition for divorce on the grounds of insupportability, the party
  that did not file the petition shall be given reasonable
  opportunity to provide to the court a proposal for the division of
  real and personal community property of the parties. The court
  shall consider the proposal when determining the just and right
  division of the property under Chapter 7.
         (c)  Notwithstanding any other law, if only one party files a
  petition for divorce on the grounds of insupportability and if the
  suit for dissolution of marriage includes a suit affecting the
  parent-child relationship, it is a rebuttable presumption that it
  is in the best interest of the child for the party who did not file
  the petition to serve as the joint managing conservator with the
  exclusive right to determine the primary residence of the child.
         SECTION 2.  The change in law made by this Act applies to a
  suit for dissolution of a marriage that is 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, 2021.