| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a suit for legal separation in a marriage. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. The heading to Subtitle C, Title 1, Family Code, |
|
|
is amended to read as follows: |
|
|
SUBTITLE C. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION |
|
|
SECTION 2. The heading to Chapter 6, Family Code, is amended |
|
|
to read as follows: |
|
|
CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE AND SUIT FOR LEGAL |
|
|
SEPARATION |
|
|
SECTION 3. Chapter 6, Family Code, is amended by adding |
|
|
Subchapter J to read as follows: |
|
|
SUBCHAPTER J. LEGAL SEPARATION |
|
|
Sec. 6.851. ACTION AUTHORIZED. A person may file a suit for |
|
|
legal separation from the person's spouse as provided by this |
|
|
subchapter. |
|
|
Sec. 6.852. GROUNDS FOR LEGAL SEPARATION. A court may |
|
|
render an order of legal separation on any of the grounds prescribed |
|
|
by Subchapter A for a divorce. |
|
|
Sec. 6.853. JURISDICTION, VENUE, AND RESIDENCE |
|
|
QUALIFICATIONS. The provisions of Subchapter D regarding the |
|
|
jurisdiction, venue, and residence requirements in a suit for |
|
|
divorce apply to a suit for legal separation. |
|
|
Sec. 6.854. PROCEDURE; FILING SUIT. The provisions of |
|
|
Subchapter E regarding the filing of a suit, pleadings, and other |
|
|
procedural matters in a suit for divorce apply to a suit for legal |
|
|
separation. |
|
|
Sec. 6.855. TEMPORARY ORDERS. In a suit for legal |
|
|
separation, a court may issue a temporary order as provided by |
|
|
Subchapter F. |
|
|
Sec. 6.856. AWARD OF MARITAL PROPERTY. (a) The provisions |
|
|
of Chapter 7 regarding the award of marital property apply to a suit |
|
|
for legal separation. |
|
|
(b) The earnings and accumulations of a spouse while living |
|
|
separate and apart from the other spouse under a legal separation |
|
|
are the separate property of the spouse. |
|
|
(c) The debts incurred by a spouse while living separate and |
|
|
apart from the other spouse under a legal separation are the |
|
|
responsibility of the spouse who incurred the debt. |
|
|
Sec. 6.857. MAINTENANCE. The provisions of Chapter 8 |
|
|
regarding spousal maintenance apply to a suit for legal separation. |
|
|
Sec. 6.858. MANDATORY JOINDER OF SUIT AFFECTING |
|
|
PARENT-CHILD RELATIONSHIP. (a) The petition in a suit for legal |
|
|
separation must state whether there are children born or adopted of |
|
|
the marriage who are under 18 years of age or who are otherwise |
|
|
entitled to child support as provided by Chapter 154. |
|
|
(b) If the parties to the suit for legal separation are |
|
|
parents of a child and the child is not under the continuing |
|
|
jurisdiction of another court as provided by Chapter 155, the suit |
|
|
for legal separation must include a suit affecting the parent-child |
|
|
relationship under Title 5. |
|
|
(c) The provisions of Section 6.407 regarding transfer of a |
|
|
suit affecting the parent-child relationship apply to a suit for |
|
|
legal separation. |
|
|
Sec. 6.859. SUIT FOR LEGAL SEPARATION FILED DURING PENDENCY |
|
|
OF SUIT FOR DISSOLUTION OF MARRIAGE. If a party to a suit for |
|
|
dissolution of a marriage files suit for legal separation during |
|
|
the pendency of the suit for dissolution of the marriage: |
|
|
(1) the suit for legal separation must be filed in the |
|
|
court having jurisdiction of the suit for dissolution of the |
|
|
marriage; and |
|
|
(2) the court shall abate the suit for dissolution of |
|
|
the marriage and consider the suit for legal separation unless: |
|
|
(A) the suit for dissolution of the marriage was |
|
|
filed one year or more before the date the suit for legal separation |
|
|
was filed; or |
|
|
(B) both parties agree to the continuation of the |
|
|
suit for dissolution of the marriage. |
|
|
Sec. 6.860. SUIT FOR DISSOLUTION OF MARRIAGE FILED DURING |
|
|
PENDENCY OF SUIT FOR LEGAL SEPARATION. If a party to a suit for |
|
|
legal separation files suit for dissolution of the marriage during |
|
|
the pendency of the suit for legal separation: |
|
|
(1) the suit for dissolution of the marriage must be |
|
|
filed in the court having jurisdiction of the suit for legal |
|
|
separation; and |
|
|
(2) the court shall abate the suit for legal |
|
|
separation and consider the suit for dissolution of the marriage |
|
|
only if: |
|
|
(A) the suit for legal separation was filed one |
|
|
year or more before the date the suit for dissolution of the |
|
|
marriage was filed; or |
|
|
(B) both parties agree to the continuation of the |
|
|
suit for legal separation. |
|
|
Sec. 6.861. SUIT FOR DISSOLUTION OF MARRIAGE FILED AFTER |
|
|
ORDER OF LEGAL SEPARATION RENDERED. (a) The rendition of an order |
|
|
of legal separation does not preclude a party to the legal |
|
|
separation from filing a suit for dissolution of the marriage. |
|
|
(b) The court shall consider a suit for dissolution of the |
|
|
marriage filed after an order of legal separation has been rendered |
|
|
only if: |
|
|
(1) the suit for legal separation was filed one year or |
|
|
more before the date the suit for dissolution of the marriage was |
|
|
filed; or |
|
|
(2) both parties agree to the continuation of the suit |
|
|
for dissolution of the marriage. |
|
|
Sec. 6.862. EFFECT OF LEGAL SEPARATION ORDER; PROHIBITION |
|
|
AGAINST REMARRIAGE. An order of legal separation does not |
|
|
terminate the marriage and a party to a legal separation may not |
|
|
marry a third party. |
|
|
Sec. 6.863. VACATING ORDER OF LEGAL SEPARATION. (a) The |
|
|
court that rendered an order of legal separation shall grant a |
|
|
petition to vacate the order of legal separation if the court finds |
|
|
that both spouses request that the court vacate the order. |
|
|
(b) A petition to vacate an order of legal separation must |
|
|
be signed by both spouses and be filed with the court that rendered |
|
|
the order of legal separation. |
|
|
(c) On vacating the order of legal separation under this |
|
|
section, the court shall also vacate any order rendered in the suit |
|
|
affecting the parent-child relationship that was included in the |
|
|
suit for legal separation, unless the court finds that vacating |
|
|
that order is not in the best interest of the child. |
|
|
Sec. 6.864. NATURE OF SPOUSES' PROPERTY AFTER ORDER |
|
|
VACATED. (a) Property awarded as separate property under an order |
|
|
of legal separation remains separate property after the date the |
|
|
order of legal separation is vacated under Section 6.863. |
|
|
(b) The earnings and accumulations of a spouse while living |
|
|
separate and apart from the other spouse under a legal separation |
|
|
remain the separate property of the spouse. |
|
|
(c) The debts incurred by a spouse while living separate and |
|
|
apart from the other spouse under a legal separation remain the |
|
|
responsibility of the spouse who incurred the debt. |
|
|
(d) This subchapter does not prevent spouses from entering |
|
|
into an agreement regarding the conversion of separate property to |
|
|
community property under Subchapter C, Chapter 4, after the date |
|
|
the court vacates the order of legal separation under Section |
|
|
6.863. |
|
|
SECTION 4. This Act takes effect January 1, 2016, but only |
|
|
if the constitutional amendment proposed by the 84th Legislature, |
|
|
Regular Session, 2015, authorizing a court to partition the |
|
|
community property and to characterize future earnings of spouses |
|
|
as separate property on legal separation of the spouses is approved |
|
|
by the voters. If that amendment is not approved by the voters, |
|
|
this Act has no effect. |