Texas 2015 - 84th Regular

Texas House Bill HB354 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2776 JSC-D
2	2	By: Dutton H.B. No. 354
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a suit for legal separation in a marriage.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Subtitle C, Title 1, Family Code,
10	10	is amended to read as follows:
11	11	SUBTITLE C. DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION
12	12	SECTION 2. The heading to Chapter 6, Family Code, is amended
13	13	to read as follows:
14	14	CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE AND SUIT FOR LEGAL
15	15	SEPARATION
16	16	SECTION 3. Chapter 6, Family Code, is amended by adding
17	17	Subchapter J to read as follows:
18	18	SUBCHAPTER J. LEGAL SEPARATION
19	19	Sec. 6.851. ACTION AUTHORIZED. A person may file a suit for
20	20	legal separation from the person's spouse as provided by this
21	21	subchapter.
22	22	Sec. 6.852. GROUNDS FOR LEGAL SEPARATION. A court may
23	23	render an order of legal separation on any of the grounds prescribed
24	24	by Subchapter A for a divorce.
25	25	Sec. 6.853. JURISDICTION, VENUE, AND RESIDENCE
26	26	QUALIFICATIONS. The provisions of Subchapter D regarding the
27	27	jurisdiction, venue, and residence requirements in a suit for
28	28	divorce apply to a suit for legal separation.
29	29	Sec. 6.854. PROCEDURE; FILING SUIT. The provisions of
30	30	Subchapter E regarding the filing of a suit, pleadings, and other
31	31	procedural matters in a suit for divorce apply to a suit for legal
32	32	separation.
33	33	Sec. 6.855. TEMPORARY ORDERS. In a suit for legal
34	34	separation, a court may issue a temporary order as provided by
35	35	Subchapter F.
36	36	Sec. 6.856. AWARD OF MARITAL PROPERTY. (a) The provisions
37	37	of Chapter 7 regarding the award of marital property apply to a suit
38	38	for legal separation.
39	39	(b) The earnings and accumulations of a spouse while living
40	40	separate and apart from the other spouse under a legal separation
41	41	are the separate property of the spouse.
42	42	(c) The debts incurred by a spouse while living separate and
43	43	apart from the other spouse under a legal separation are the
44	44	responsibility of the spouse who incurred the debt.
45	45	Sec. 6.857. MAINTENANCE. The provisions of Chapter 8
46	46	regarding spousal maintenance apply to a suit for legal separation.
47	47	Sec. 6.858. MANDATORY JOINDER OF SUIT AFFECTING
48	48	PARENT-CHILD RELATIONSHIP. (a) The petition in a suit for legal
49	49	separation must state whether there are children born or adopted of
50	50	the marriage who are under 18 years of age or who are otherwise
51	51	entitled to child support as provided by Chapter 154.
52	52	(b) If the parties to the suit for legal separation are
53	53	parents of a child and the child is not under the continuing
54	54	jurisdiction of another court as provided by Chapter 155, the suit
55	55	for legal separation must include a suit affecting the parent-child
56	56	relationship under Title 5.
57	57	(c) The provisions of Section 6.407 regarding transfer of a
58	58	suit affecting the parent-child relationship apply to a suit for
59	59	legal separation.
60	60	Sec. 6.859. SUIT FOR LEGAL SEPARATION FILED DURING PENDENCY
61	61	OF SUIT FOR DISSOLUTION OF MARRIAGE. If a party to a suit for
62	62	dissolution of a marriage files suit for legal separation during
63	63	the pendency of the suit for dissolution of the marriage:
64	64	(1) the suit for legal separation must be filed in the
65	65	court having jurisdiction of the suit for dissolution of the
66	66	marriage; and
67	67	(2) the court shall abate the suit for dissolution of
68	68	the marriage and consider the suit for legal separation unless:
69	69	(A) the suit for dissolution of the marriage was
70	70	filed one year or more before the date the suit for legal separation
71	71	was filed; or
72	72	(B) both parties agree to the continuation of the
73	73	suit for dissolution of the marriage.
74	74	Sec. 6.860. SUIT FOR DISSOLUTION OF MARRIAGE FILED DURING
75	75	PENDENCY OF SUIT FOR LEGAL SEPARATION. If a party to a suit for
76	76	legal separation files suit for dissolution of the marriage during
77	77	the pendency of the suit for legal separation:
78	78	(1) the suit for dissolution of the marriage must be
79	79	filed in the court having jurisdiction of the suit for legal
80	80	separation; and
81	81	(2) the court shall abate the suit for legal
82	82	separation and consider the suit for dissolution of the marriage
83	83	only if:
84	84	(A) the suit for legal separation was filed one
85	85	year or more before the date the suit for dissolution of the
86	86	marriage was filed; or
87	87	(B) both parties agree to the continuation of the
88	88	suit for legal separation.
89	89	Sec. 6.861. SUIT FOR DISSOLUTION OF MARRIAGE FILED AFTER
90	90	ORDER OF LEGAL SEPARATION RENDERED. (a) The rendition of an order
91	91	of legal separation does not preclude a party to the legal
92	92	separation from filing a suit for dissolution of the marriage.
93	93	(b) The court shall consider a suit for dissolution of the
94	94	marriage filed after an order of legal separation has been rendered
95	95	only if:
96	96	(1) the suit for legal separation was filed one year or
97	97	more before the date the suit for dissolution of the marriage was
98	98	filed; or
99	99	(2) both parties agree to the continuation of the suit
100	100	for dissolution of the marriage.
101	101	Sec. 6.862. EFFECT OF LEGAL SEPARATION ORDER; PROHIBITION
102	102	AGAINST REMARRIAGE. An order of legal separation does not
103	103	terminate the marriage and a party to a legal separation may not
104	104	marry a third party.
105	105	Sec. 6.863. VACATING ORDER OF LEGAL SEPARATION. (a) The
106	106	court that rendered an order of legal separation shall grant a
107	107	petition to vacate the order of legal separation if the court finds
108	108	that both spouses request that the court vacate the order.
109	109	(b) A petition to vacate an order of legal separation must
110	110	be signed by both spouses and be filed with the court that rendered
111	111	the order of legal separation.
112	112	(c) On vacating the order of legal separation under this
113	113	section, the court shall also vacate any order rendered in the suit
114	114	affecting the parent-child relationship that was included in the
115	115	suit for legal separation, unless the court finds that vacating
116	116	that order is not in the best interest of the child.
117	117	Sec. 6.864. NATURE OF SPOUSES' PROPERTY AFTER ORDER
118	118	VACATED. (a) Property awarded as separate property under an order
119	119	of legal separation remains separate property after the date the
120	120	order of legal separation is vacated under Section 6.863.
121	121	(b) The earnings and accumulations of a spouse while living
122	122	separate and apart from the other spouse under a legal separation
123	123	remain the separate property of the spouse.
124	124	(c) The debts incurred by a spouse while living separate and
125	125	apart from the other spouse under a legal separation remain the
126	126	responsibility of the spouse who incurred the debt.
127	127	(d) This subchapter does not prevent spouses from entering
128	128	into an agreement regarding the conversion of separate property to
129	129	community property under Subchapter C, Chapter 4, after the date
130	130	the court vacates the order of legal separation under Section
131	131	6.863.
132	132	SECTION 4. This Act takes effect January 1, 2016, but only
133	133	if the constitutional amendment proposed by the 84th Legislature,
134	134	Regular Session, 2015, authorizing a court to partition the
135	135	community property and to characterize future earnings of spouses
136	136	as separate property on legal separation of the spouses is approved
137	137	by the voters. If that amendment is not approved by the voters,
138	138	this Act has no effect.