| 1 | 1 | | 87R7247 MLH-D |
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| 2 | 2 | | By: Krause H.B. No. 3187 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to divorce on the grounds of insupportability. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 6.001, Family Code, is amended to read as |
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| 10 | 10 | | follows: |
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| 11 | 11 | | Sec. 6.001. INSUPPORTABILITY. (a) On the petition of |
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| 12 | 12 | | either party to a marriage or both parties to a marriage, the court |
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| 13 | 13 | | may grant a divorce without regard to fault if the marriage has |
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| 14 | 14 | | become insupportable because of discord or conflict of |
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| 15 | 15 | | personalities that destroys the legitimate ends of the marital |
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| 16 | 16 | | relationship and prevents any reasonable expectation of |
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| 17 | 17 | | reconciliation. |
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| 18 | 18 | | (b) Notwithstanding any other law, if only one party files a |
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| 19 | 19 | | petition for divorce on the grounds of insupportability, the party |
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| 20 | 20 | | that did not file the petition shall be given reasonable |
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| 21 | 21 | | opportunity to provide to the court a proposal for the division of |
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| 22 | 22 | | real and personal community property of the parties. The court |
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| 23 | 23 | | shall consider the proposal when determining the just and right |
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| 24 | 24 | | division of the property under Chapter 7. |
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| 25 | 25 | | (c) Notwithstanding any other law, if only one party files a |
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| 26 | 26 | | petition for divorce on the grounds of insupportability and if the |
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| 27 | 27 | | suit for dissolution of marriage includes a suit affecting the |
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| 28 | 28 | | parent-child relationship, it is a rebuttable presumption that it |
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| 29 | 29 | | is in the best interest of the child for the party who did not file |
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| 30 | 30 | | the petition to serve as the joint managing conservator with the |
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| 31 | 31 | | exclusive right to determine the primary residence of the child. |
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| 32 | 32 | | SECTION 2. The change in law made by this Act applies to a |
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| 33 | 33 | | suit for dissolution of a marriage that is filed on or after the |
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| 34 | 34 | | effective date of this Act. A suit for dissolution of a marriage |
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| 35 | 35 | | filed before the effective date of this Act is governed by the law |
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| 36 | 36 | | in effect on the date the suit was filed, and the former law is |
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| 37 | 37 | | continued in effect for that purpose. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2021. |
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