Texas House Bill HB354

Texas 2015 - 84th Regular

• Filed: 11/20/14

Caption

Relating to a suit for legal separation in a marriage.

Impact

The approved legal separation framework under HB354 would have significant ramifications for existing family law statutes in Texas. By clarifying the conditions and processes surrounding legal separation, the bill would allow courts to issue temporary orders concerning spousal support and the division of property. Furthermore, the bill stipulates that the earnings and accumulations of a spouse during legal separation would remain separate property, which offers important financial protections and considerations for both parties.

Summary

House Bill 354 seeks to establish formal provisions for legal separation in the Texas Family Code. This bill introduces a new chapter dedicated specifically to legal separation, allowing couples to file a suit for legal separation under clearly defined grounds, which parallel those recognized for divorce. The aim of this legislation is to provide couples in distress with an alternative to complete dissolution of their marriage while clarifying the legal implications associated with such a status.

Contention

Key points of contention surrounding HB354 pertain to the implications of legal separation on marital status and the rights of each spouse. Critics might argue that the introduction of legal separation could result in complications, as it does not dissolve the marriage, thereby restricting either party from remarrying. Additionally, the requirement for a legal separation to accommodate child-related issues may create further legal complexities, especially in matters of custody and child support, prompting concerns about its practical applicability and enforcement within the judicial system.