Bill Text: TX HB190 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to a suit for legal separation in a marriage.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-04 - Left pending in committee [HB190 Detail]

Download: Texas-2013-HB190-Introduced.html
  83R879 JSC-D
 
  By: Dutton H.B. No. 190
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a suit for legal separation in a marriage.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subtitle C, Title 1, Family Code,
  is amended to read as follows:
  SUBTITLE C.  DISSOLUTION OF MARRIAGE AND LEGAL SEPARATION
         SECTION 2.  The heading to Chapter 6, Family Code, is amended
  to read as follows:
  CHAPTER 6.  SUIT FOR DISSOLUTION OF MARRIAGE AND SUIT FOR LEGAL
  SEPARATION
         SECTION 3.  Chapter 6, Family Code, is amended by adding
  Subchapter J to read as follows:
  SUBCHAPTER J.  LEGAL SEPARATION
         Sec. 6.851.  ACTION AUTHORIZED.  A person may file a suit for
  legal separation from the person's spouse as provided by this
  subchapter.
         Sec. 6.852.  GROUNDS FOR LEGAL SEPARATION.  A court may
  render an order of legal separation on any of the grounds prescribed
  by Subchapter A for a divorce.
         Sec. 6.853.  JURISDICTION, VENUE, AND RESIDENCE
  QUALIFICATIONS.  The provisions of Subchapter D regarding the
  jurisdiction, venue, and residence requirements in a suit for
  divorce apply to a suit for legal separation.
         Sec. 6.854.  PROCEDURE; FILING SUIT.  The provisions of
  Subchapter E regarding the filing of a suit, pleadings, and other
  procedural matters in a suit for divorce apply to a suit for legal
  separation.
         Sec. 6.855.  TEMPORARY ORDERS.  In a suit for legal
  separation, a court may issue a temporary order as provided by
  Subchapter F.
         Sec. 6.856.  AWARD OF MARITAL PROPERTY. (a)  The provisions
  of Chapter 7 regarding the award of marital property apply to a suit
  for legal separation.
         (b)  The earnings and accumulations of a spouse while living
  separate and apart from the other spouse under a legal separation
  are the separate property of the spouse.
         (c)  The debts incurred by a spouse while living separate and
  apart from the other spouse under a legal separation are the
  responsibility of the spouse who incurred the debt.
         Sec. 6.857.  MAINTENANCE. The provisions of Chapter 8
  regarding spousal maintenance apply to a suit for legal separation.
         Sec. 6.858.  MANDATORY JOINDER OF SUIT AFFECTING
  PARENT-CHILD RELATIONSHIP.  (a)  The petition in a suit for legal
  separation must state whether there are children born or adopted of
  the marriage who are under 18 years of age or who are otherwise
  entitled to child support as provided by Chapter 154.
         (b)  If the parties to the suit for legal separation are
  parents of a child and the child is not under the continuing
  jurisdiction of another court as provided by Chapter 155, the suit
  for legal separation must include a suit affecting the parent-child
  relationship under Title 5.
         (c)  The provisions of Section 6.407 regarding transfer of a
  suit affecting the parent-child relationship apply to a suit for
  legal separation.
         Sec. 6.859.  SUIT FOR LEGAL SEPARATION FILED DURING PENDENCY
  OF SUIT FOR DISSOLUTION OF MARRIAGE. If a party to a suit for
  dissolution of a marriage files suit for legal separation during
  the pendency of the suit for dissolution of the marriage:
               (1)  the suit for legal separation must be filed in the
  court having jurisdiction of the suit for dissolution of the
  marriage; and
               (2)  the court shall abate the suit for dissolution of
  the marriage and consider the suit for legal separation unless:
                     (A)  the suit for dissolution of the marriage was
  filed one year or more before the date the suit for legal separation
  was filed; or
                     (B)  both parties agree to the continuation of the
  suit for dissolution of the marriage.
         Sec. 6.860.  SUIT FOR DISSOLUTION OF MARRIAGE FILED DURING
  PENDENCY OF SUIT FOR LEGAL SEPARATION.  If a party to a suit for
  legal separation files suit for dissolution of the marriage during
  the pendency of the suit for legal separation:
               (1)  the suit for dissolution of the marriage must be
  filed in the court having jurisdiction of the suit for legal
  separation; and
               (2)  the court shall abate the suit for legal
  separation and consider the suit for dissolution of the marriage
  only if:
                     (A)  the suit for legal separation was filed one
  year or more before the date the suit for dissolution of the
  marriage was filed; or
                     (B)  both parties agree to the continuation of the
  suit for legal separation.
         Sec. 6.861.  SUIT FOR DISSOLUTION OF MARRIAGE FILED AFTER
  ORDER OF LEGAL SEPARATION RENDERED.  (a)  The rendition of an order
  of legal separation does not preclude a party to the legal
  separation from filing a suit for dissolution of the marriage.
         (b)  The court shall consider a suit for dissolution of the
  marriage filed after an order of legal separation has been rendered
  only if:
               (1)  the suit for legal separation was filed one year or
  more before the date the suit for dissolution of the marriage was
  filed; or
               (2)  both parties agree to the continuation of the suit
  for dissolution of the marriage.
         Sec. 6.862.  EFFECT OF LEGAL SEPARATION ORDER; PROHIBITION
  AGAINST REMARRIAGE.  An order of legal separation does not
  terminate the marriage and a party to a legal separation may not
  marry a third party.
         Sec. 6.863.  VACATING ORDER OF LEGAL SEPARATION.  (a) The
  court that rendered an order of legal separation shall grant a
  petition to vacate the order of legal separation if the court finds
  that both spouses request that the court vacate the order.
         (b)  A petition to vacate an order of legal separation must
  be signed by both spouses and be filed with the court that rendered
  the order of legal separation.
         (c)  On vacating the order of legal separation under this
  section, the court shall also vacate any order rendered in the suit
  affecting the parent-child relationship that was included in the
  suit for legal separation, unless the court finds that vacating
  that order is not in the best interest of the child.
         Sec. 6.864.  NATURE OF SPOUSES' PROPERTY AFTER ORDER
  VACATED.  (a)  Property awarded as separate property under an order
  of legal separation remains separate property after the date the
  order of legal separation is vacated under Section 6.863.
         (b)  The earnings and accumulations of a spouse while living
  separate and apart from the other spouse under a legal separation
  remain the separate property of the spouse.
         (c)  The debts incurred by a spouse while living separate and
  apart from the other spouse under a legal separation remain the
  responsibility of the spouse who incurred the debt.
         (d)  This subchapter does not prevent spouses from entering
  into an agreement regarding the conversion of separate property to
  community property under Subchapter C, Chapter 4, after the date
  the court vacates the order of legal separation under Section
  6.863.
         SECTION 4.  This Act takes effect January 1, 2014, but only
  if the constitutional amendment proposed by the 83rd Legislature,
  Regular Session, 2013, authorizing a court to partition the
  community property and to characterize future earnings of spouses
  as separate property on legal separation of the spouses is approved
  by the voters. If that amendment is not approved by the voters,
  this Act has no effect.
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