Bill Text: TX HB454 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the waiting period for a divorce on the grounds of insupportability.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-22 - Reported favorably w/o amendment(s) [HB454 Detail]
Download: Texas-2015-HB454-Introduced.html
84R2069 KSD-D | ||
By: Krause | H.B. No. 454 |
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relating to the waiting period for a divorce on the grounds of | ||
insupportability. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 6.702, Family Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsections (a-1) and | ||
(d) to read as follows: | ||
(a) Except as provided by Subsection (a-1) or (c), the court | ||
may not grant a divorce before the 60th day after the date the suit | ||
was filed. [ |
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(a-1) Except as provided by Subsection (c), the court may | ||
not grant a divorce on the grounds of insupportability before the | ||
180th day after the date the suit was filed if the household of one | ||
of the spouses is the primary residence for: | ||
(1) a child under the age of 18; | ||
(2) a child 18 years of age who is attending high | ||
school; or | ||
(3) an adult disabled child as described by Section | ||
154.302. | ||
(c) A waiting period is not required under Subsection (a) or | ||
(a-1) before a court may grant a divorce in a suit in which the court | ||
finds that: | ||
(1) the respondent has been finally convicted of or | ||
received deferred adjudication for an offense involving family | ||
violence as defined by Section 71.004 against the petitioner or a | ||
member of the petitioner's household; or | ||
(2) the petitioner has an active protective order | ||
under Title 4 or an active magistrate's order for emergency | ||
protection under Article 17.292, Code of Criminal Procedure, based | ||
on a finding of family violence, against the respondent because of | ||
family violence committed during the marriage. | ||
(d) A decree rendered in violation of Subsection (a) or | ||
(a-1) is not subject to collateral attack. | ||
SECTION 2. The change in law made by this Act to Section | ||
6.702, Family Code, applies only to a suit for dissolution of a | ||
marriage 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, 2015. |