Texas House Bill HB2971

Texas 2025 - 89th Regular

• Filed: 2/18/25
• Out of House Committee: 5/12/25

Caption

Relating to an agreed divorce order in a suit for dissolution of a marriage.

Impact

The implementation of HB 2971 will significantly amend the Texas Family Code by introducing a new subchapter focused specifically on agreed divorce orders. This change is expected to simplify the dissolution process and might provide families with a more accessible way to reach finality in their divorces. Eliminating the necessity for court appearances not only speeds up proceedings but also caters to the idea of amicable divorces where parties are in agreement on the terms of their separation.

Summary

House Bill 2971 seeks to streamline the process of finalizing divorce settlements by allowing courts to adopt written divorce agreements without requiring the parties to testify or appear in person. Under this bill, a court can finalize a divorce decree based on an agreement that includes essential details such as asset division, child custody arrangements, and any alimony provisions, assuming there are no objections from either party. This measure aims to reduce the time and complexity associated with court proceedings for divorce cases.

Sentiment

The general sentiment surrounding HB 2971 appears to be supportive among family law practitioners, as it promises to alleviate the court's burden and enhance the efficiency of divorce settlements. By reducing the need for personal appearances in court, the bill could minimize emotional stress for individuals undergoing the divorce process. However, there are likely concerns raised about ensuring the fairness of agreements in situations where parties may be less informed about their rights or pressured into agreements without adequate legal counsel.

Contention

One point of contention that may arise with HB 2971 revolves around the potential for inequitable agreements, particularly in cases involving unrepresented parties. Critics may argue that while the bill encourages expediency, it might also invite scenarios where individuals do not fully comprehend the implications of the agreements they are signing. Ensuring that all parties understand their rights and receive fair treatment in the process is crucial, and amendments or provisions may be needed to safeguard against any potential inequities.

Texas Constitutional Statutes Affected

Family Code

• Chapter 6. Suit For Dissolution Of Marriage
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  • Section: New Section
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