Relating to the waiting period for a divorce on the grounds of insupportability.
Impact
By implementing this longer waiting period, HB 454 aims to provide a more thoughtful transition for families going through divorce. Supporters of the bill argue that the extended period allows for more opportunities for reconciliation and reduces the emotional turmoil experienced by children during this significant life change. The change is intended to foster a more stable environment for minors involved in divorce proceedings, prioritizing their welfare during potentially contentious situations.
Summary
House Bill 454 amends Section 6.702 of the Family Code in Texas regarding the waiting period for a divorce on the grounds of insupportability. The bill extends the mandatory waiting period before a court can grant a divorce from 60 days to 180 days if the household of one of the spouses is the primary residence for certain categories of children or an adult disabled child. This legislation targets cases where children under 18, high school students, or disabled adults are involved to ensure further stability and consideration during the divorce process.
Contention
Critics of the bill may raise concerns about its implications for individuals seeking to move forward with their lives after a failed marriage. While the extension is intended to protect children, opponents might argue that it could prolong an already difficult process for spouses wishing to finalize their divorce. Additionally, there’s potential contention regarding exceptions to the waiting period in cases of domestic violence, which are addressed by allowing immediate divorces when there are protective orders in place or a history of violence against a spouse.
Notable_points
Another important aspect is the delineation of cases where the waiting period does not apply, specifically in instances involving family violence. This recognition highlights the law’s sensitivity to domestic abuse situations, ensuring that victims can escape harmful environments in a timely manner. The bill, effective from September 1, 2015, also specifies that it applies only to divorce suits filed after its effective date, maintaining the legal bindings for cases filed prior to that.
Relating to the waiting period following the issuance of a marriage license and the annulment of a marriage on grounds relating to that waiting period.
Relating to a prohibition on following an individual and tracking or monitoring the individual's personal property or motor vehicle and to the criminal prosecution of that conduct.