Bill Text: TX HB3187 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to divorce on the grounds of insupportability.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-26 - Left pending in committee [HB3187 Detail]
Download: Texas-2021-HB3187-Introduced.html
| 87R7247 MLH-D | ||
| By: Krause | H.B. No. 3187 | |
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| 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. | ||
