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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 a divorce on the grounds of |
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insupportability. |
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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 Subsections (a) and (c) and adding Subsections (a-1) and |
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(d) to read as follows: |
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(a) Except as provided by Subsection (a-1) or (c), 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 |
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not subject to collateral attack.] |
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(a-1) Except as provided by Subsection (c), the court may |
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not grant a divorce on the grounds of insupportability before the |
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180th day after the date the suit was filed if the household of one |
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of the spouses is the primary residence for: |
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(1) a child under the age of 18; |
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(2) a child 18 years of age who is attending high |
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school; or |
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(3) an adult disabled child as described by Section |
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154.302. |
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(c) A waiting period is not required under Subsection (a) or |
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(a-1) before a court may grant a divorce in a suit in which the court |
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finds that: |
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(1) the respondent has been finally convicted of or |
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received deferred adjudication for an offense involving family |
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violence as defined by Section 71.004 against the petitioner or a |
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member of the petitioner's household; or |
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(2) the petitioner has an active protective order |
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under Title 4 or an active magistrate's order for emergency |
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protection under Article 17.292, Code of Criminal Procedure, based |
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on a finding of family violence, against the respondent because of |
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family violence committed during the marriage. |
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(d) A decree rendered in violation of Subsection (a) or |
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(a-1) is not subject to collateral attack. |
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SECTION 2. The change in law made by this Act to Section |
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6.702, Family Code, applies only to a suit for dissolution of a |
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marriage filed on or after the effective date of this Act. A suit |
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for dissolution of a marriage filed before the effective date of |
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this Act is governed by the law in effect on the date the suit was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |