87R7247 MLH-D
By: Krause H.B. No. 3187
A BILL TO BE ENTITLED
AN ACT
relating to divorce on the grounds of insupportability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 6.001, Family Code, is amended to read as
follows:
Sec. 6.001. INSUPPORTABILITY. (a) On the petition of
either party to a marriage or both parties to a marriage, the court
may grant a divorce without regard to fault if the marriage has
become insupportable because of discord or conflict of
personalities that destroys the legitimate ends of the marital
relationship and prevents any reasonable expectation of
reconciliation.
(b) Notwithstanding any other law, if only one party files a
petition for divorce on the grounds of insupportability, the party
that did not file the petition shall be given reasonable
opportunity to provide to the court a proposal for the division of
real and personal community property of the parties. The court
shall consider the proposal when determining the just and right
division of the property under Chapter 7.
(c) Notwithstanding any other law, if only one party files a
petition for divorce on the grounds of insupportability and if the
suit for dissolution of marriage includes a suit affecting the
parent-child relationship, it is a rebuttable presumption that it
is in the best interest of the child for the party who did not file
the petition to serve as the joint managing conservator with the
exclusive right to determine the primary residence of the child.
SECTION 2. The change in law made by this Act applies to a
suit for dissolution of a marriage that is filed on or after the
effective date of this Act. A suit for dissolution of a marriage
filed before the effective date of this Act is governed by the law
in effect on the date the suit was filed, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.