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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.  [A decree rendered in violation of this subsection is
  not subject to collateral attack.]
         (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.
feedback