Texas 2011 - 82nd Regular

Texas House Bill HB547

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to a suit for legal separation in a marriage.

Impact

If enacted, HB 547 would significantly impact Texas family law by affording couples the ability to pursue legal separation officially. This legislation changes the landscape for spousal rights and obligations, especially regarding property and temporary orders that may arise during the separation period. It would help clarify legal uncertainties and provide a means for couples dealing with marital issues to address child support and custody concerns, as legal separation would necessitate addressing these dynamics, especially for families with children.

Summary

House Bill 547 introduces provisions for legal separation in Texas, formalizing a legal process distinct from divorce. The bill amends the existing Family Code to include a new chapter addressing legal separation, allowing couples to live apart while still remaining married. This provides a structured approach for individuals who may need time apart without fully dissolving their marital bond, thus offering an alternative to divorce. Key features include stipulations for grounds on which legal separation may be granted, the jurisdictional and procedural requirements applicable, and how marital property would be awarded during the legal separation process.

Sentiment

The sentiment surrounding HB 547 appears supportive among advocates for additional options in family law, acknowledging that not all couples are ready or willing to divorce but might benefit from a structured separation. The bill has garnered positive feedback for offering a middle ground that could help reduce the emotional strain associated with full divorce proceedings. Conversely, some opponents express concern that legal separation could complicate the process of moving towards divorce if the parties involved eventually decide to take that route, fearing it might create additional legal entanglements.

Contention

A notable point of contention revolves around the implications of legal separation regarding spousal support, property rights, and the inability to remarry until dissolution occurs. The implementation of this bill could necessitate extensive discussions within families about obligations and rights during the separation period. Critics argue it may create complications in the legal process, while proponents assert it ensures that couples have legal clarity about their status, especially when children are involved. The necessity of addressing child custody arrangements within the context of legal separation has also raised significant debate among family law advocates.

Companion Bills

TX HJR54

Enabling for Proposing a constitutional amendment authorizing a court to partition the community property and to characterize future earnings of spouses as separate property on legal separation of the spouses.

Similar Bills

CA AB2274

Division of community property: pet animals.

CA SB1009

Division of community property: pet animals.

TX HB354

Relating to a suit for legal separation in a marriage.

TX HB190

Relating to a suit for legal separation in a marriage.

AZ SB1383

Dissolution of marriage; annulment

CT SB00455

An Act Concerning Revocation By Dissolution Of Marriage.

IN HB1060

Dissolution of towns.

CT HB07196

An Act Concerning Nonadversarial Dissolution Of Marriage.