Bill Text: TX HB5291 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to an agreed divorce order in a suit for dissolution of marriage.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-04 - Referred to Jurisprudence [HB5291 Detail]
Download: Texas-2023-HB5291-Engrossed.html
| 88R22081 PRL-F | ||
| By: Dutton | H.B. No. 5291 | |
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| relating to an agreed divorce order in a suit for dissolution of | ||
| marriage. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 6, Family Code, is amended by adding | ||
| Subchapter G-1 to read as follows: | ||
| SUBCHAPTER G-1. AGREED DIVORCE ORDER | ||
| Sec. 6.631. AGREED DIVORCE ORDER. (a) Notwithstanding any | ||
| other law, a court with jurisdiction over a suit for dissolution of | ||
| a marriage may adopt as the court's final decree, without requiring | ||
| that the parties to the suit testify or appear in person before the | ||
| court, a written divorce agreement created by the parties if: | ||
| (1) the agreement: | ||
| (A) includes: | ||
| (i) the signature of each party approving | ||
| the form and substance of the agreement; | ||
| (ii) the date of marriage and the date of | ||
| separation, if applicable; | ||
| (iii) the grounds for dissolution of the | ||
| marriage; | ||
| (iv) characterization of the parties' | ||
| assets as separate or community property; | ||
| (v) a proposed just and right division of | ||
| the community property of the marriage; | ||
| (vi) if there are minor children of the | ||
| marriage: | ||
| (a) a written agreed parenting plan in | ||
| accordance with Section 153.007; and | ||
| (b) an agreement concerning child | ||
| support in accordance with Section 154.124; and | ||
| (vii) provisions for maintenance, if | ||
| applicable, or a statement that the parties agree that maintenance | ||
| should not be awarded; and | ||
| (B) is accompanied by an affidavit or unsworn | ||
| declaration of one or both parties containing the necessary facts | ||
| or evidence to support the terms of the agreement, including: | ||
| (i) a statement that the proposed division | ||
| of the community property is a just and right division of the | ||
| community property of the marriage; | ||
| (ii) if the agreement contains provisions | ||
| affecting the parent-child relationship: | ||
| (a) the identity of any minor child, | ||
| including the child's name and age; and | ||
| (b) a statement that the terms of the | ||
| agreement are in the best interest of each child; and | ||
| (iii) if the agreement does not contain | ||
| provisions affecting the parent-child relationship, a statement | ||
| that there are no minor children of the marriage and none are | ||
| expected; and | ||
| (2) neither party has filed a written objection | ||
| opposing the adoption of the agreement as the final decree. | ||
| (b) If the court finds that the terms of the agreement are | ||
| just and right and in the best interest of each child, if | ||
| applicable, the court shall approve the agreement. If the court | ||
| approves the agreement, the court may set forth the agreement in | ||
| full or incorporate the agreement by reference in the final decree. | ||
| (c) If the court finds that the terms of the agreement are | ||
| not just and right or in the best interest of each child, if | ||
| applicable, the court shall continue the case for appropriate | ||
| proceedings. | ||
| (d) An agreement adopted by a court under this section is | ||
| binding on the parties. | ||
| SECTION 2. Subchapter G-1, Chapter 6, Family Code, as added | ||
| by this Act, applies to a suit for dissolution of a marriage that is | ||
| pending in a trial court on the effective date of this Act or filed | ||
| on or after that date. | ||
| SECTION 3. This Act takes effect September 1, 2023. | ||
