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A BILL TO BE ENTITLED
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AN ACT
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relating to divorce on the grounds of insupportability. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 6.001, Family Code, is amended to read as |
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follows: |
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Sec. 6.001. INSUPPORTABILITY. (a) On the petition of |
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either party to a marriage or both parties to a marriage, the court |
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may grant a divorce without regard to fault if the marriage has |
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become insupportable because of discord or conflict of |
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personalities that destroys the legitimate ends of the marital |
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relationship and prevents any reasonable expectation of |
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reconciliation. |
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(b) Notwithstanding any other law, if only one party files a |
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petition for divorce on the grounds of insupportability, the party |
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that did not file the petition shall be given reasonable |
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opportunity to provide to the court a proposal for the division of |
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real and personal community property of the parties. The court |
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shall consider the proposal when determining the just and right |
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division of the property under Chapter 7. |
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(c) Notwithstanding any other law, if only one party files a |
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petition for divorce on the grounds of insupportability and if the |
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suit for dissolution of marriage includes a suit affecting the |
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parent-child relationship, it is a rebuttable presumption that it |
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is in the best interest of the child for the party who did not file |
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the petition to serve as the joint managing conservator with the |
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exclusive right to determine the primary residence of the child. |
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SECTION 2. The change in law made by this Act applies to a |
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suit for dissolution of a marriage that is 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 September 1, 2021. |