82R2719 JSC-D
By: Dutton H.B. No. 547
A BILL TO BE ENTITLED
AN ACT
relating to a suit for legal separation in a marriage.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle C, Title 1, Family Code,
is amended to read as follows:
SUBTITLE C. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION
SECTION 2. The heading to Chapter 6, Family Code, is amended
to read as follows:
CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE AND SUIT FOR LEGAL
SEPARATION
SECTION 3. Chapter 6, Family Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. LEGAL SEPARATION
Sec. 6.851. ACTION AUTHORIZED. A person may file a suit for
legal separation from the person's spouse as provided by this
subchapter.
Sec. 6.852. GROUNDS FOR LEGAL SEPARATION. A court may
render an order of legal separation on any of the grounds prescribed
by Subchapter A for a divorce.
Sec. 6.853. JURISDICTION, VENUE, AND RESIDENCE
QUALIFICATIONS. The provisions of Subchapter D regarding the
jurisdiction, venue, and residence requirements in a suit for
divorce apply to a suit for legal separation.
Sec. 6.854. PROCEDURE; FILING SUIT. The provisions of
Subchapter E regarding the filing of a suit, pleadings, and other
procedural matters in a suit for divorce apply to a suit for legal
separation.
Sec. 6.855. TEMPORARY ORDERS. In a suit for legal
separation, a court may issue a temporary order as provided by
Subchapter F.
Sec. 6.856. AWARD OF MARITAL PROPERTY. (a) The provisions
of Chapter 7 regarding the award of marital property apply to a suit
for legal separation.
(b) The earnings and accumulations of a spouse while living
separate and apart from the other spouse under a legal separation
are the separate property of the spouse.
(c) The debts incurred by a spouse while living separate and
apart from the other spouse under a legal separation are the
responsibility of the spouse who incurred the debt.
Sec. 6.857. MAINTENANCE. The provisions of Chapter 8
regarding spousal maintenance apply to a suit for legal separation.
Sec. 6.858. MANDATORY JOINDER OF SUIT AFFECTING
PARENT-CHILD RELATIONSHIP. (a) The petition in a suit for legal
separation must state whether there are children born or adopted of
the marriage who are under 18 years of age or who are otherwise
entitled to child support as provided by Chapter 154.
(b) If the parties to the suit for legal separation are
parents of a child and the child is not under the continuing
jurisdiction of another court as provided by Chapter 155, the suit
for legal separation must include a suit affecting the parent-child
relationship under Title 5.
(c) The provisions of Section 6.407 regarding transfer of a
suit affecting the parent-child relationship apply to a suit for
legal separation.
Sec. 6.859. SUIT FOR LEGAL SEPARATION FILED DURING PENDENCY
OF SUIT FOR DISSOLUTION OF MARRIAGE. If a party to a suit for
dissolution of a marriage files suit for legal separation during
the pendency of the suit for dissolution of the marriage:
(1) the suit for legal separation must be filed in the
court having jurisdiction of the suit for dissolution of the
marriage; and
(2) the court shall abate the suit for dissolution of
the marriage and consider the suit for legal separation unless:
(A) the suit for dissolution of the marriage was
filed one year or more before the date the suit for legal separation
was filed; or
(B) both parties agree to the continuation of the
suit for dissolution of the marriage.
Sec. 6.860. SUIT FOR DISSOLUTION OF MARRIAGE FILED DURING
PENDENCY OF SUIT FOR LEGAL SEPARATION. If a party to a suit for
legal separation files suit for dissolution of the marriage during
the pendency of the suit for legal separation:
(1) the suit for dissolution of the marriage must be
filed in the court having jurisdiction of the suit for legal
separation; and
(2) the court shall abate the suit for legal
separation and consider the suit for dissolution of the marriage
only if:
(A) the suit for legal separation was filed one
year or more before the date the suit for dissolution of the
marriage was filed; or
(B) both parties agree to the continuation of the
suit for legal separation.
Sec. 6.861. SUIT FOR DISSOLUTION OF MARRIAGE FILED AFTER
ORDER OF LEGAL SEPARATION RENDERED. (a) The rendition of an order
of legal separation does not preclude a party to the legal
separation from filing a suit for dissolution of the marriage.
(b) The court shall consider a suit for dissolution of the
marriage filed after an order of legal separation has been rendered
only if:
(1) the suit for legal separation was filed one year or
more before the date the suit for dissolution of the marriage was
filed; or
(2) both parties agree to the continuation of the suit
for dissolution of the marriage.
Sec. 6.862. EFFECT OF LEGAL SEPARATION ORDER; PROHIBITION
AGAINST REMARRIAGE. An order of legal separation does not
terminate the marriage and a party to a legal separation may not
marry a third party.
Sec. 6.863. VACATING ORDER OF LEGAL SEPARATION. (a) The
court that rendered an order of legal separation shall grant a
petition to vacate the order of legal separation if the court finds
that both spouses request that the court vacate the order.
(b) A petition to vacate an order of legal separation must
be signed by both spouses and be filed with the court that rendered
the order of legal separation.
(c) On vacating the order of legal separation under this
section, the court shall also vacate any order rendered in the suit
affecting the parent-child relationship that was included in the
suit for legal separation, unless the court finds that vacating
that order is not in the best interest of the child.
Sec. 6.864. NATURE OF SPOUSES' PROPERTY AFTER ORDER
VACATED. (a) Property awarded as separate property under an order
of legal separation remains separate property after the date the
order of legal separation is vacated under Section 6.863.
(b) The earnings and accumulations of a spouse while living
separate and apart from the other spouse under a legal separation
remain the separate property of the spouse.
(c) The debts incurred by a spouse while living separate and
apart from the other spouse under a legal separation remain the
responsibility of the spouse who incurred the debt.
(d) This subchapter does not prevent spouses from entering
into an agreement regarding the conversion of separate property to
community property under Subchapter C, Chapter 4, after the date
the court vacates the order of legal separation under Section
6.863.
SECTION 4. This Act takes effect January 1, 2012, but only
if the constitutional amendment proposed by the 82nd Legislature,
Regular Session, 2011, authorizing a court to partition the
community property and to characterize future earnings of spouses
as separate property on legal separation of the spouses is approved
by the voters. If that amendment is not approved by the voters,
this Act has no effect.