Texas Senate Bill SB24

Texas 2009 - 81st Regular

• Filed: 11/10/08
• Out of Senate Committee: 4/20/09

Caption

Relating to the waiting period for issuing a decree in certain suits for divorce.

Impact

The proposed amendment holds significant implications for divorce proceedings involving family violence. By allowing for immediate divorce decrees in cases where the court finds evidence of family violence, the bill aims to enhance the safety and welfare of victims. This modification is particularly relevant given that many victims of domestic violence face additional challenges in obtaining divorces due to the complexities and possible dangers involved in their situations. This law could lead to a quicker resolution for victims, allowing them to escape harmful situations more effectively.

Summary

SB24 aims to amend Section 6.702 of the Texas Family Code, altering the waiting period for issuing a divorce decree under certain circumstances. Currently, a court cannot grant a divorce before the 60th day after the suit is filed. However, this bill proposes that this waiting period may be waived if the respondent has been convicted of domestic violence against the petitioner or if there is sufficient evidence of family violence, which could include prior temporary orders or protective orders against the respondent. This change emphasizes the need for expedited protections for victims of domestic violence in divorce proceedings.

Contention

The discussion surrounding SB24 is likely to be polarizing, with advocates arguing it is a necessary reform to protect vulnerable individuals from domestic abuse, while opponents might express concerns about ensuring due process and the potential for misuse in divorce disputes. Notably, concerns may arise regarding the definition of evidence sufficient for waiving the waiting period, which might lead to debates over the criteria set for family violence and the implications for all parties involved in a divorce case.