3 | 5 | | |
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4 | 6 | | |
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5 | 7 | | A BILL TO BE ENTITLED |
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6 | 8 | | AN ACT |
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7 | 9 | | relating to annulment of a marriage on the grounds of concealed |
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8 | 10 | | divorce. |
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9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 12 | | SECTION 1. Section 6.109, Family Code, is amended to read as |
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11 | 13 | | follows: |
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12 | 14 | | Sec. 6.109. CONCEALED DIVORCE. (a) The court may grant an |
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13 | 15 | | annulment of a marriage to a party to the marriage if: |
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14 | 16 | | (1) the other party was divorced from a third party |
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15 | 17 | | within the 30-day period preceding the date of the marriage |
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16 | 18 | | ceremony; |
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17 | 19 | | (2) at the time of the marriage ceremony the |
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18 | 20 | | petitioner did not know, and a reasonably prudent person would not |
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19 | 21 | | have known, of the divorce; and |
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20 | 22 | | (3) [since] the petitioner ceased cohabitation with |
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21 | 23 | | the other party not more than one year after the petitioner |
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22 | 24 | | discovered or a reasonably prudent person would have discovered the |
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23 | 25 | | fact of the divorce and [, the petitioner] has not voluntarily |
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24 | 26 | | cohabited with the other party since ceasing cohabitation. |
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25 | 27 | | (b) A suit may not be brought under this section after the |
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26 | 28 | | second [first] anniversary of the date of the marriage. |
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27 | 29 | | SECTION 2. The change in law made by this Act applies only |
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28 | 30 | | to a suit for dissolution of a marriage that is filed on or after the |
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29 | 31 | | effective date of this Act. A suit for dissolution of a marriage |
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30 | 32 | | filed before the effective date of this Act is governed by the law |
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31 | 33 | | in effect on the date the suit was filed, and the former law is |
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32 | 34 | | continued in effect for that purpose. |
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33 | 35 | | SECTION 3. This Act takes effect September 1, 2021. |
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