Texas 2025 - 89th Regular

Texas House Bill HB2971 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R11454 AMF-F
2	2	By: Dutton H.B. No. 2971
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an agreed divorce order in a suit for dissolution of a
10	10	marriage.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 6, Family Code, is amended by adding
13	13	Subchapter G-1 to read as follows:
14	14	SUBCHAPTER G-1. AGREED DIVORCE ORDER
15	15	Sec. 6.631. AGREED DIVORCE ORDER. (a) Notwithstanding any
16	16	other law, a court with jurisdiction over a suit for dissolution of
17	17	a marriage may adopt as the court's final decree, without requiring
18	18	that the parties to the suit testify or appear in person before the
19	19	court, a written divorce agreement submitted by a party if:
20	20	(1) the agreement:
21	21	(A) includes:
22	22	(i) the signature of each party approving
23	23	the form and substance of the agreement;
24	24	(ii) the date of marriage and the date of
25	25	separation, if applicable;
26	26	(iii) the grounds for dissolution of the
27	27	marriage;
28	28	(iv) a characterization of the parties'
29	29	assets as separate or community property;
30	30	(v) a proposed just and right division of
31	31	the community property of the marriage;
32	32	(vi) if there is any child born or adopted
33	33	of the marriage:
34	34	(a) a written agreed parenting plan in
35	35	accordance with Section 153.007; and
36	36	(b) an agreement concerning child
37	37	support in accordance with Section 154.124; and
38	38	(vii) provisions for maintenance, if
39	39	applicable, or a statement that the parties agree that maintenance
40	40	should not be awarded; and
41	41	(B) is accompanied by an affidavit or unsworn
42	42	declaration of one or both parties containing the necessary facts
43	43	or evidence to support the terms of the agreement, including:
44	44	(i) a statement that the proposed division
45	45	of the community property is a just and right division of the
46	46	community property of the marriage;
47	47	(ii) if the agreement contains provisions
48	48	affecting the parent-child relationship:
49	49	(a) the identity of any child,
50	50	including the child's name and age; and
51	51	(b) a statement that the terms of the
52	52	agreement are in the best interest of each child; and
53	53	(iii) if the agreement does not contain
54	54	provisions affecting the parent-child relationship, a statement
55	55	that there are no children born or adopted of the marriage and none
56	56	are expected; and
57	57	(2) neither party has filed a written objection
58	58	opposing the adoption of the agreement as the final decree.
59	59	(b) If the court finds that the terms of the agreement are
60	60	just and right and in the best interest of each child, if
61	61	applicable, the court shall approve the agreement. If the court
62	62	approves the agreement, the court may set forth the agreement in
63	63	full or incorporate the agreement by reference in the final decree.
64	64	(c) If the court finds that the terms of the agreement are
65	65	not just and right or in the best interest of each child, if
66	66	applicable, the court shall continue the case for appropriate
67	67	proceedings.
68	68	(d) An agreement adopted by a court under this section is
69	69	binding on the parties.
70	70	SECTION 2. Subchapter G-1, Chapter 6, Family Code, as added
71	71	by this Act, applies to a suit for dissolution of a marriage that is
72	72	pending in a trial court on the effective date of this Act or that is
73	73	filed on or after the effective date of this Act.
74	74	SECTION 3. This Act takes effect September 1, 2025.