| 1 | 1 | | 87R10035 MLH-D |
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| 2 | 2 | | By: Krause H.B. No. 3190 |
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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 the waiting period for a divorce on the grounds of |
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| 8 | 8 | | insupportability. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 6.702, Family Code, is amended by |
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| 11 | 11 | | amending Subsections (a) and (c) and adding Subsections (a-1) and |
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| 12 | 12 | | (d) to read as follows: |
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| 13 | 13 | | (a) Except as provided by Subsection (a-1) or (c), the court |
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| 14 | 14 | | may not grant a divorce before the 60th day after the date the suit |
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| 15 | 15 | | was filed. [A decree rendered in violation of this subsection is |
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| 16 | 16 | | not subject to collateral attack.] |
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| 17 | 17 | | (a-1) Except as provided by Subsection (c), the court may |
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| 18 | 18 | | not grant a divorce on the grounds of insupportability before the |
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| 19 | 19 | | 180th day after the date the suit was filed if the household of one |
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| 20 | 20 | | of the spouses is the primary residence for: |
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| 21 | 21 | | (1) a child under the age of 18; |
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| 22 | 22 | | (2) a child 18 years of age who is attending high |
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| 23 | 23 | | school; or |
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| 24 | 24 | | (3) an adult disabled child as described by Section |
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| 25 | 25 | | 154.302. |
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| 26 | 26 | | (c) A waiting period is not required under Subsection (a) or |
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| 27 | 27 | | (a-1) before a court may grant a divorce in a suit in which the court |
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| 28 | 28 | | finds that: |
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| 29 | 29 | | (1) the respondent has been finally convicted of or |
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| 30 | 30 | | received deferred adjudication for an offense involving family |
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| 31 | 31 | | violence as defined by Section 71.004 against the petitioner or a |
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| 32 | 32 | | member of the petitioner's household; or |
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| 33 | 33 | | (2) the petitioner has an active protective order |
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| 34 | 34 | | under Title 4 or an active magistrate's order for emergency |
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| 35 | 35 | | protection under Article 17.292, Code of Criminal Procedure, based |
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| 36 | 36 | | on a finding of family violence, against the respondent because of |
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| 37 | 37 | | family violence committed during the marriage. |
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| 38 | 38 | | (d) A decree rendered in violation of Subsection (a) or |
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| 39 | 39 | | (a-1) is not subject to collateral attack. |
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| 40 | 40 | | SECTION 2. The change in law made by this Act to Section |
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| 41 | 41 | | 6.702, Family Code, applies only to a suit for dissolution of a |
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| 42 | 42 | | marriage filed on or after the effective date of this Act. A suit |
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| 43 | 43 | | for dissolution of a marriage filed before the effective date of |
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| 44 | 44 | | this Act is governed by the law in effect on the date the suit was |
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| 45 | 45 | | filed, and the former law is continued in effect for that purpose. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2021. |
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