Bill Text: TX HB3707 | 2011-2012 | 82nd Legislature | Introduced

Texas House Bill 3707 (Prior Session Legislation)

Introduced

Bill Title: Relating to the waiting period for certain spouses filing for divorce on the grounds of insupportability.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-03-23 - Referred to Judiciary & Civil Jurisprudence [HB3707 Detail]

Download: Texas-2011-HB3707-Introduced.html

	82R10628 JSC-D

	By: Christian	H.B. No. 3707



	A BILL TO BE ENTITLED
	AN ACT
	relating to the waiting period for certain spouses filing for
	divorce on the grounds of insupportability.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 6.702, Family Code, is amended by
	amending Subsections (a) and (c) and adding Subsection (a-1) to
	read as follows:
	(a) Except as provided by Subsection (a-1) or (c), the court
	may not grant a divorce before the 60th day after the date the suit
	was filed. A decree rendered in violation of this subsection is
	not subject to collateral attack.
	(a-1) Except as provided by Subsection (c), the court may
	not grant a divorce before the first anniversary of the date the
	suit was filed if:
	(1) the divorce is sought on the grounds of
	insupportability;
	(2) the household of one of the spouses is the primary
	residence for a child under the age of 18 born of the marriage; and
	(3) the respondent does not agree to the divorce.
	(c) A waiting period is not required under Subsection (a) or
	(a-1) before a court may grant a divorce in a suit in which the court
	finds that:
	(1) the respondent has been finally convicted of or
	received deferred adjudication for an offense involving family
	violence as defined by Section 71.004 against the petitioner or a
	member of the petitioner's household; or
	(2) the petitioner has an active protective order
	under Title 4 or an active magistrate's order for emergency
	protection under Article 17.292, Code of Criminal Procedure, based
	on a finding of family violence, against the respondent because of
	family violence committed during the marriage.
	SECTION 2. The change in law made by this Act applies only
	to a suit for dissolution of a marriage filed on or after the
	effective date of this Act. A suit for dissolution of a marriage
	filed before the effective date of this Act is governed by the law
	in effect on the date the suit was filed, and the former law is
	continued in effect for that purpose.
	SECTION 3. This Act takes effect September 1, 2011.