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A BILL TO BE ENTITLED
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AN ACT
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relating to an agreed divorce order in a suit for dissolution of |
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marriage. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 6, Family Code, is amended by adding |
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Subchapter G-1 to read as follows: |
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SUBCHAPTER G-1. AGREED DIVORCE ORDER |
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Sec. 6.631. AGREED DIVORCE ORDER. (a) Notwithstanding any |
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other law, a court with jurisdiction over a suit for dissolution of |
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a marriage may adopt as the court's final decree, without requiring |
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that the parties to the suit testify or appear in person before the |
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court, a written divorce agreement created by the parties if: |
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(1) the agreement: |
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(A) includes: |
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(i) the signature of each party approving |
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the form and substance of the agreement; |
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(ii) the date of marriage and the date of |
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separation, if applicable; |
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(iii) the grounds for dissolution of the |
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marriage; |
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(iv) characterization of the parties' |
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assets as separate or community property; |
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(v) a proposed just and right division of |
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the community property of the marriage; |
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(vi) if there are minor children of the |
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marriage: |
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(a) a written agreed parenting plan in |
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accordance with Section 153.007; and |
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(b) an agreement concerning child |
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support in accordance with Section 154.124; and |
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(vii) provisions for maintenance, if |
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applicable, or a statement that the parties agree that maintenance |
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should not be awarded; and |
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(B) is accompanied by an affidavit or unsworn |
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declaration of one or both parties containing the necessary facts |
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or evidence to support the terms of the agreement, including: |
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(i) a statement that the proposed division |
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of the community property is a just and right division of the |
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community property of the marriage; |
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(ii) if the agreement contains provisions |
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affecting the parent-child relationship: |
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(a) the identity of any minor child, |
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including the child's name and age; and |
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(b) a statement that the terms of the |
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agreement are in the best interest of each child; and |
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(iii) if the agreement does not contain |
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provisions affecting the parent-child relationship, a statement |
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that there are no minor children of the marriage and none are |
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expected; and |
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(2) neither party has filed a written objection |
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opposing the adoption of the agreement as the final decree. |
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(b) If the court finds that the terms of the agreement are |
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just and right and in the best interest of each child, if |
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applicable, the court shall approve the agreement. If the court |
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approves the agreement, the court may set forth the agreement in |
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full or incorporate the agreement by reference in the final decree. |
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(c) If the court finds that the terms of the agreement are |
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not just and right or in the best interest of each child, if |
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applicable, the court shall continue the case for appropriate |
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proceedings. |
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(d) An agreement adopted by a court under this section is |
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binding on the parties. |
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SECTION 2. Subchapter G-1, Chapter 6, Family Code, as added |
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by this Act, applies to a suit for dissolution of a marriage that is |
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pending in a trial court on the effective date of this Act or filed |
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on or after that date. |
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SECTION 3. This Act takes effect September 1, 2023. |