CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE
FAMILY CODE
TITLE 1. THE MARRIAGE RELATIONSHIP
SUBTITLE C. DISSOLUTION OF MARRIAGE
CHAPTER 6. SUIT FOR DISSOLUTION OF MARRIAGE
SUBCHAPTER A. GROUNDS FOR DIVORCE AND DEFENSES
Sec. 6.001. INSUPPORTABILITY. On the petition of either party
to a marriage, the court may grant a divorce without regard to
fault if the marriage has become insupportable because of discord
or conflict of personalities that destroys the legitimate ends of
the marital relationship and prevents any reasonable expectation
of reconciliation.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.002. CRUELTY. The court may grant a divorce in favor of
one spouse if the other spouse is guilty of cruel treatment
toward the complaining spouse of a nature that renders further
living together insupportable.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.003. ADULTERY. The court may grant a divorce in favor of
one spouse if the other spouse has committed adultery.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.004. CONVICTION OF FELONY. (a) The court may grant a
divorce in favor of one spouse if during the marriage the other
spouse:
(1) has been convicted of a felony;
(2) has been imprisoned for at least one year in the Texas
Department of Criminal Justice, a federal penitentiary, or the
penitentiary of another state; and
(3) has not been pardoned.
(b) The court may not grant a divorce under this section against
a spouse who was convicted on the testimony of the other spouse.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.056, eff. September 1, 2009.
Sec. 6.005. ABANDONMENT. The court may grant a divorce in favor
of one spouse if the other spouse:
(1) left the complaining spouse with the intention of
abandonment; and
(2) remained away for at least one year.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.006. LIVING APART. The court may grant a divorce in
favor of either spouse if the spouses have lived apart without
cohabitation for at least three years.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.007. CONFINEMENT IN MENTAL HOSPITAL. The court may grant
a divorce in favor of one spouse if at the time the suit is
filed:
(1) the other spouse has been confined in a state mental
hospital or private mental hospital, as defined in Section
571.003, Health and Safety Code, in this state or another state
for at least three years; and
(2) it appears that the hospitalized spouse's mental disorder is
of such a degree and nature that adjustment is unlikely or that,
if adjustment occurs, a relapse is probable.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.008. DEFENSES. (a) The defenses to a suit for divorce
of recrimination and adultery are abolished.
(b) Condonation is a defense to a suit for divorce only if the
court finds that there is a reasonable expectation of
reconciliation.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
SUBCHAPTER B. GROUNDS FOR ANNULMENT
Sec. 6.102. ANNULMENT OF MARRIAGE OF PERSON UNDER AGE 18. (a)
The court may grant an annulment of a marriage of a person 16
years of age or older but under 18 years of age that occurred
without parental consent or without a court order as provided by
Subchapters B and E, Chapter 2.
(b) A petition for annulment under this section may be filed by:
(1) a next friend for the benefit of the underage party;
(2) a parent; or
(3) the judicially designated managing conservator or guardian
of the person of the underage party, whether an individual,
authorized agency, or court.
(c) A suit filed under this subsection by a next friend is
barred unless it is filed within 90 days after the date of the
marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Amended by:
Acts 2005, 79th Leg., Ch.
268, Sec. 4.16, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
52, Sec. 3, eff. September 1, 2007.
Sec. 6.103. UNDERAGE ANNULMENT BARRED BY ADULTHOOD. A suit to
annul a marriage may not be filed under Section 6.102 by a
parent, managing conservator, or guardian of a person after the
18th birthday of the person.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
52, Sec. 4, eff. September 1, 2007.
Sec. 6.104. DISCRETIONARY ANNULMENT OF UNDERAGE MARRIAGE. (a)
An annulment under Section 6.102 of a marriage may be granted at
the discretion of the court sitting without a jury.
(b) In exercising its discretion, the court shall consider the
pertinent facts concerning the welfare of the parties to the
marriage, including whether the female is pregnant.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
52, Sec. 5, eff. September 1, 2007.
Sec. 6.105. UNDER INFLUENCE OF ALCOHOL OR NARCOTICS. The court
may grant an annulment of a marriage to a party to the marriage
if:
(1) at the time of the marriage the petitioner was under the
influence of alcoholic beverages or narcotics and as a result did
not have the capacity to consent to the marriage; and
(2) the petitioner has not voluntarily cohabited with the other
party to the marriage since the effects of the alcoholic
beverages or narcotics ended.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.106. IMPOTENCY. The court may grant an annulment of a
marriage to a party to the marriage if:
(1) either party, for physical or mental reasons, was
permanently impotent at the time of the marriage;
(2) the petitioner did not know of the impotency at the time of
the marriage; and
(3) the petitioner has not voluntarily cohabited with the other
party since learning of the impotency.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.107. FRAUD, DURESS, OR FORCE. The court may grant an
annulment of a marriage to a party to the marriage if:
(1) the other party used fraud, duress, or force to induce the
petitioner to enter into the marriage; and
(2) the petitioner has not voluntarily cohabited with the other
party since learning of the fraud or since being released from
the duress or force.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.108. MENTAL INCAPACITY. (a) The court may grant an
annulment of a marriage to a party to the marriage on the suit of
the party or the party's guardian or next friend, if the court
finds it to be in the party's best interest to be represented by
a guardian or next friend, if:
(1) at the time of the marriage the petitioner did not have the
mental capacity to consent to marriage or to understand the
nature of the marriage ceremony because of a mental disease or
defect; and
(2) since the marriage ceremony, the petitioner has not
voluntarily cohabited with the other party during a period when
the petitioner possessed the mental capacity to recognize the
marriage relationship.
(b) The court may grant an annulment of a marriage to a party to
the marriage if:
(1) at the time of the marriage the other party did not have the
mental capacity to consent to marriage or to understand the
nature of the marriage ceremony because of a mental disease or
defect;
(2) at the time of the marriage the petitioner neither knew nor
reasonably should have known of the mental disease or defect; and
(3) since the date the petitioner discovered or reasonably
should have discovered the mental disease or defect, the
petitioner has not voluntarily cohabited with the other party.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.109. CONCEALED DIVORCE. (a) The court may grant an
annulment of a marriage to a party to the marriage if:
(1) the other party was divorced from a third party within the
30-day period preceding the date of the marriage ceremony;
(2) at the time of the marriage ceremony the petitioner did not
know, and a reasonably prudent person would not have known, of
the divorce; and
(3) since the petitioner discovered or a reasonably prudent
person would have discovered the fact of the divorce, the
petitioner has not voluntarily cohabited with the other party.
(b) A suit may not be brought under this section after the first
anniversary of the date of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.110. MARRIAGE LESS THAN 72 HOURS AFTER ISSUANCE OF
LICENSE. (a) The court may grant an annulment of a marriage to
a party to the marriage if the marriage ceremony took place in
violation of Section 2.204 during the 72-hour period immediately
following the issuance of the marriage license.
(b) A suit may not be brought under this section after the 30th
day after the date of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.111. DEATH OF PARTY TO VOIDABLE MARRIAGE. Except as
provided by Section 47A, Texas Probate Code, a marriage subject
to annulment may not be challenged in a proceeding instituted
after the death of either party to the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1170, Sec. 4.03, eff. September 1, 2007.
SUBCHAPTER C. DECLARING A MARRIAGE VOID
Sec. 6.201. CONSANGUINITY. A marriage is void if one party to
the marriage is related to the other as:
(1) an ancestor or descendant, by blood or adoption;
(2) a brother or sister, of the whole or half blood or by
adoption;
(3) a parent's brother or sister, of the whole or half blood or
by adoption; or
(4) a son or daughter of a brother or sister, of the whole or
half blood or by adoption.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.202. MARRIAGE DURING EXISTENCE OF PRIOR MARRIAGE. (a) A
marriage is void if entered into when either party has an
existing marriage to another person that has not been dissolved
by legal action or terminated by the death of the other spouse.
(b) The later marriage that is void under this section becomes
valid when the prior marriage is dissolved if, after the date of
the dissolution, the parties have lived together as husband and
wife and represented themselves to others as being married.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a
marriage that would have been void under Section 6.201, a
marriage that was entered into before January 1, 1970, in
violation of the prohibitions of Article 496, Penal Code of
Texas, 1925, is validated from the date the marriage commenced if
the parties continued until January 1, 1970, to live together as
husband and wife and to represent themselves to others as being
married.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.204. RECOGNITION OF SAME-SEX MARRIAGE OR CIVIL UNION.
(a) In this section, "civil union" means any relationship status
other than marriage that:
(1) is intended as an alternative to marriage or applies
primarily to cohabitating persons; and
(2) grants to the parties of the relationship legal protections,
benefits, or responsibilities granted to the spouses of a
marriage.
(b) A marriage between persons of the same sex or a civil union
is contrary to the public policy of this state and is void in
this state.
(c) The state or an agency or political subdivision of the state
may not give effect to a:
(1) public act, record, or judicial proceeding that creates,
recognizes, or validates a marriage between persons of the same
sex or a civil union in this state or in any other jurisdiction;
or
(2) right or claim to any legal protection, benefit, or
responsibility asserted as a result of a marriage between persons
of the same sex or a civil union in this state or in any other
jurisdiction.
Added by Acts 2003, 78th Leg., ch. 124, Sec. 1, eff. Sept. 1,
2003.
Sec. 6.205. MARRIAGE TO MINOR. A marriage is void if either
party to the marriage is younger than 16 years of age, unless a
court order has been obtained under Section 2.103.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 4.17, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
52, Sec. 6, eff. September 1, 2007.
Sec. 6.206. MARRIAGE TO STEPCHILD OR STEPPARENT. A marriage is
void if a party is a current or former stepchild or stepparent of
the other party.
Added by Acts 2005, 79th Leg., Ch.
268, Sec. 4.17, eff. September 1, 2005.
SUBCHAPTER D. JURISDICTION, VENUE, AND RESIDENCE QUALIFICATIONS
Sec. 6.301. GENERAL RESIDENCY RULE FOR DIVORCE SUIT. A suit for
divorce may not be maintained in this state unless at the time
the suit is filed either the petitioner or the respondent has
been:
(1) a domiciliary of this state for the preceding six-month
period; and
(2) a resident of the county in which the suit is filed for the
preceding 90-day period.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.302. SUIT FOR DIVORCE BY NONRESIDENT SPOUSE. If one
spouse has been a domiciliary of this state for at least the last
six months, a spouse domiciled in another state or nation may
file a suit for divorce in the county in which the domiciliary
spouse resides at the time the petition is filed.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.303. ABSENCE ON PUBLIC SERVICE. Time spent by a Texas
domiciliary outside this state or outside the county of residence
of the domiciliary while in the service of the armed forces or
other service of the United States or of this state is considered
residence in this state and in that county.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.304. ARMED FORCES PERSONNEL NOT PREVIOUSLY RESIDENTS. A
person not previously a resident of this state who is serving in
the armed forces of the United States and has been stationed at
one or more military installations in this state for at least the
last six months and at a military installation in a county of
this state for at least the last 90 days is considered to be a
Texas domiciliary and a resident of that county for those periods
for the purpose of filing suit for dissolution of a marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.305. ACQUIRING JURISDICTION OVER NONRESIDENT RESPONDENT.
(a) If the petitioner in a suit for dissolution of a marriage is
a resident or a domiciliary of this state at the time the suit
for dissolution is filed, the court may exercise personal
jurisdiction over the respondent or over the respondent's
personal representative although the respondent is not a resident
of this state if:
(1) this state is the last marital residence of the petitioner
and the respondent and the suit is filed before the second
anniversary of the date on which marital residence ended; or
(2) there is any basis consistent with the constitutions of this
state and the United States for the exercise of the personal
jurisdiction.
(b) A court acquiring jurisdiction under this section also
acquires jurisdiction over the respondent in a suit affecting the
parent-child relationship.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.306. JURISDICTION TO ANNUL MARRIAGE. (a) A suit for
annulment of a marriage may be maintained in this state only if
the parties were married in this state or if either party is
domiciled in this state.
(b) A suit for annulment is a suit in rem, affecting the status
of the parties to the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.307. JURISDICTION TO DECLARE MARRIAGE VOID. (a) Either
party to a marriage made void by this chapter may sue to have the
marriage declared void, or the court may declare the marriage
void in a collateral proceeding.
(b) The court may declare a marriage void only if:
(1) the purported marriage was contracted in this state; or
(2) either party is domiciled in this state.
(c) A suit to have a marriage declared void is a suit in rem,
affecting the status of the parties to the purported marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.308. EXERCISING PARTIAL JURISDICTION. (a) A court in
which a suit for dissolution of a marriage is filed may exercise
its jurisdiction over those portions of the suit for which it has
authority.
(b) The court's authority to resolve the issues in controversy
between the parties may be restricted because the court lacks:
(1) the required personal jurisdiction over a nonresident party
in a suit for dissolution of the marriage;
(2) the required jurisdiction under Chapter 152; or
(3) the required jurisdiction under Chapter 159.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
SUBCHAPTER E. FILING SUIT
Sec. 6.401. CAPTION. (a) Pleadings in a suit for divorce or
annulment shall be styled "In the Matter of the Marriage of
__________ and __________."
(b) Pleadings in a suit to declare a marriage void shall be
styled "A Suit To Declare Void the Marriage of __________ and
__________."
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.402. PLEADINGS. (a) A petition in a suit for
dissolution of a marriage is sufficient without the necessity of
specifying the underlying evidentiary facts if the petition
alleges the grounds relied on substantially in the language of
the statute.
(b) Allegations of grounds for relief, matters of defense, or
facts relied on for a temporary order that are stated in short
and plain terms are not subject to special exceptions because of
form or sufficiency.
(c) The court shall strike an allegation of evidentiary fact
from the pleadings on the motion of a party or on the court's own
motion.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.403. ANSWER. The respondent in a suit for dissolution of
a marriage is not required to answer on oath or affirmation.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.4035. WAIVER OF SERVICE. (a) A party to a suit for the
dissolution of a marriage may waive the issuance or service of
process after the suit is filed by filing with the clerk of the
court in which the suit is filed the waiver of the party
acknowledging receipt of a copy of the filed petition.
(b) The waiver must contain the mailing address of the party who
executed the waiver.
(c) The waiver must be sworn but may not be sworn before an
attorney in the suit.
(d) The Texas Rules of Civil Procedure do not apply to a waiver
executed under this section.
Added by Acts 1997, 75th Leg., ch. 614, Sec. 1, eff. Sept. 1,
1997.
Sec. 6.404. INFORMATION REGARDING PROTECTIVE ORDERS. At any
time while a suit for dissolution of a marriage is pending, if
the court believes, on the basis of any information received by
the court, that a party to the suit or a member of the party's
family or household may be a victim of family violence, the court
shall inform that party of the party's right to apply for a
protective order under Title 4.
Added by Acts 2005, 79th Leg., Ch.
361, Sec. 2, eff. June 17, 2005.
Sec. 6.405. PROTECTIVE ORDER. (a) The petition in a suit for
dissolution of a marriage must state whether a protective order
under Title 4 is in effect or if an application for a protective
order is pending with regard to the parties to the suit.
(b) The petitioner shall attach to the petition a copy of each
protective order issued under Title 4 in which one of the parties
to the suit was the applicant and the other party was the
respondent without regard to the date of the order. If a copy of
the protective order is not available at the time of filing, the
petition must state that a copy of the order will be filed with
the court before any hearing.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997. Amended by Acts 1999, 76th Leg., ch. 62, Sec. 6.04, eff.
Sept. 1, 1999.
Sec. 6.406. MANDATORY JOINDER OF SUIT AFFECTING PARENT-CHILD
RELATIONSHIP. (a) The petition in a suit for dissolution of a
marriage shall state whether there are children born or adopted
of the marriage who are under 18 years of age or who are
otherwise entitled to support as provided by Chapter 154.
(b) If the parties are parents of a child, as defined by Section
101.003, and the child is not under the continuing jurisdiction
of another court as provided by Chapter 155, the suit for
dissolution of a marriage must include a suit affecting the
parent-child relationship under Title 5.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.407. TRANSFER OF SUIT AFFECTING PARENT-CHILD RELATIONSHIP
TO DIVORCE COURT. (a) If a suit affecting the parent-child
relationship is pending at the time the suit for dissolution of a
marriage is filed, the suit affecting the parent-child
relationship shall be transferred as provided by Section 103.002
to the court in which the suit for dissolution is filed.
(b) If the parties are parents of a child, as defined by Section
101.003, and the child is under the continuing jurisdiction of
another court under Chapter 155, either party to the suit for
dissolution of a marriage may move that court for transfer of the
suit affecting the parent-child relationship to the court having
jurisdiction of the suit for dissolution. The court with
continuing jurisdiction shall transfer the proceeding as provided
by Chapter 155. On the transfer of the proceedings, the court
with jurisdiction of the suit for dissolution of a marriage shall
consolidate the two causes of action.
(c) After transfer of a suit affecting the parent-child
relationship as provided in Chapter 155, the court with
jurisdiction of the suit for dissolution of a marriage has
jurisdiction to render an order in the suit affecting the
parent-child relationship as provided by Title 5.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.408. SERVICE OF CITATION. Citation on the filing of an
original petition in a suit for dissolution of a marriage shall
be issued and served as in other civil cases. Citation may also
be served on any other person who has or who may assert an
interest in the suit for dissolution of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.409. CITATION BY PUBLICATION. (a) Citation in a suit
for dissolution of a marriage may be by publication as in other
civil cases, except that notice shall be published one time only.
(b) The notice shall be sufficient if given in substantially the
following form:
"STATE OF TEXAS
To (name of person to be served with citation), and to all whom
it may concern (if the name of any person to be served with
citation is unknown), Respondent(s),
"You have been sued. You may employ an attorney. If you or your
attorney do not file a written answer with the clerk who issued
this citation by 10 a.m. on the Monday next following the
expiration of 20 days after you were served this citation and
petition, a default judgment may be taken against you. The
petition of __________, Petitioner, was filed in the Court of
__________ County, Texas, on the ______ day of __________,
against __________, Respondent(s), numbered ______, and entitled
'In the Matter of Marriage of __________ and __________. The suit
requests __________ (statement of relief sought).'
"The Court has authority in this suit to enter any judgment or
decree dissolving the marriage and providing for the division of
property that will be binding on you.
"Issued and given under my hand and seal of said Court at
__________, Texas, this the ______ day of __________, ______.
"..............................
Clerk of the __________ Court of
____________ County, Texas
By _______, Deputy."
(c) The form authorized in this section and the form authorized
by Section 102.010 may be combined in appropriate situations.
(d) If the citation is for a suit in which a parent-child
relationship does not exist, service by publication may be
completed by posting the citation at the courthouse door for
seven days in the county in which the suit is filed.
(e) If the petitioner or the petitioner's attorney of record
makes an oath that no child presently under 18 years of age was
born or adopted by the spouses and that no appreciable amount of
property was accumulated by the spouses during the marriage, the
court may dispense with the appointment of an attorney ad litem.
In a case in which citation was by publication, a statement of
the evidence, approved and signed by the judge, shall be filed
with the papers of the suit as a part of the record.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.410. REPORT TO ACCOMPANY PETITION. At the time a
petition for divorce or annulment of a marriage is filed, the
petitioner shall also file a completed report that may be used by
the district clerk, at the time the petition is granted, to
comply with Section 194.002, Health and Safety Code.
Added by Acts 2003, 78th Leg., ch. 1128, Sec. 4, eff. Sept. 1,
2003.
Sec. 6.411. CONFIDENTIALITY OF PLEADINGS. (a) This section
applies only in a county with a population of 3.4 million or
more.
(b) Except as otherwise provided by law, all pleadings and other
documents filed with the court in a suit for dissolution of a
marriage are confidential, are excepted from required public
disclosure under Chapter 552, Government Code, and may not be
released to a person who is not a party to the suit until after
the date of service of citation or the 31st day after the date of
filing the suit, whichever date is sooner.
Added by Acts 2003, 78th Leg., ch. 1314, Sec. 1, eff. Sept. 1,
2003.
Renumbered from Family Code, Section 6.410 by Acts 2005, 79th
Leg., Ch.
728, Sec. 23.001(24), eff. September 1, 2005.
SUBCHAPTER F. TEMPORARY ORDERS
Sec. 6.501. TEMPORARY RESTRAINING ORDER. (a) After the filing
of a suit for dissolution of a marriage, on the motion of a party
or on the court's own motion, the court may grant a temporary
restraining order without notice to the adverse party for the
preservation of the property and for the protection of the
parties as necessary, including an order prohibiting one or both
parties from:
(1) intentionally communicating by telephone or in writing with
the other party by use of vulgar, profane, obscene, or indecent
language or in a coarse or offensive manner, with intent to annoy
or alarm the other;
(2) threatening the other, by telephone or in writing, to take
unlawful action against any person, intending by this action to
annoy or alarm the other;
(3) placing a telephone call, anonymously, at an unreasonable
hour, in an offensive and repetitious manner, or without a
legitimate purpose of communication with the intent to annoy or
alarm the other;
(4) intentionally, knowingly, or recklessly causing bodily
injury to the other or to a child of either party;
(5) threatening the other or a child of either party with
imminent bodily injury;
(6) intentionally, knowingly, or recklessly destroying,
removing, concealing, encumbering, transferring, or otherwise
harming or reducing the value of the property of the parties or
either party with intent to obstruct the authority of the court
to order a division of the estate of the parties in a manner that
the court deems just and right, having due regard for the rights
of each party and any children of the marriage;
(7) intentionally falsifying a writing or record relating to the
property of either party;
(8) intentionally misrepresenting or refusing to disclose to the
other party or to the court, on proper request, the existence,
amount, or location of any property of the parties or either
party;
(9) intentionally or knowingly damaging or destroying the
tangible property of the parties or either party; or
(10) intentionally or knowingly tampering with the tangible
property of the parties or either party and causing pecuniary
loss or substantial inconvenience to the other.
(b) A temporary restraining order under this subchapter may not
include a provision:
(1) the subject of which is a requirement, appointment, award,
or other order listed in Section 64.104, Civil Practice and
Remedies Code; or
(2) that:
(A) excludes a spouse from occupancy of the residence where that
spouse is living except as provided in a protective order made in
accordance with Title 4;
(B) prohibits a party from spending funds for reasonable and
necessary living expenses; or
(C) prohibits a party from engaging in acts reasonable and
necessary to conduct that party's usual business and occupation.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997. Amended by Acts 1999, 76th Leg., ch. 1081, Sec. 6, eff.
Sept. 1, 1999.
Sec. 6.502. TEMPORARY INJUNCTION AND OTHER TEMPORARY ORDERS.
(a) While a suit for dissolution of a marriage is pending and on
the motion of a party or on the court's own motion after notice
and hearing, the court may render an appropriate order, including
the granting of a temporary injunction for the preservation of
the property and protection of the parties as deemed necessary
and equitable and including an order directed to one or both
parties:
(1) requiring a sworn inventory and appraisement of the real and
personal property owned or claimed by the parties and specifying
the form, manner, and substance of the inventory and appraisal
and list of debts and liabilities;
(2) requiring payments to be made for the support of either
spouse;
(3) requiring the production of books, papers, documents, and
tangible things by a party;
(4) ordering payment of reasonable attorney's fees and expenses;
(5) appointing a receiver for the preservation and protection of
the property of the parties;
(6) awarding one spouse exclusive occupancy of the residence
during the pendency of the case;
(7) prohibiting the parties, or either party, from spending
funds beyond an amount the court determines to be for reasonable
and necessary living expenses;
(8) awarding one spouse exclusive control of a party's usual
business or occupation; or
(9) prohibiting an act described by Section 6.501(a).
(b) Not later than the 30th day after the date a receiver is
appointed under Subsection (a)(5), the receiver shall give notice
of the appointment to each lienholder of any property under the
receiver's control.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997. Amended by Acts 2001, 77th Leg., ch. 695, Sec. 1, eff.
Sept. 1, 2001.
Sec. 6.503. AFFIDAVIT, VERIFIED PLEADING, AND BOND NOT REQUIRED.
(a) A temporary restraining order or temporary injunction under
this subchapter:
(1) may be granted without an affidavit or a verified pleading
stating specific facts showing that immediate and irreparable
injury, loss, or damage will result before notice can be served
and a hearing can be held; and
(2) need not:
(A) define the injury or state why it is irreparable;
(B) state why the order was granted without notice; or
(C) include an order setting the suit for trial on the merits
with respect to the ultimate relief sought.
(b) In a suit for dissolution of a marriage, the court may
dispense with the issuance of a bond between the spouses in
connection with temporary orders for the protection of the
parties and their property.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.504. PROTECTIVE ORDERS. On the motion of a party to a
suit for dissolution of a marriage, the court may render a
protective order as provided by Subtitle B, Title 4.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997. Amended by Acts 1997, 75th Leg., ch. 1193, Sec. 1, eff.
Sept. 1, 1997.
Sec. 6.505. COUNSELING. (a) While a divorce suit is pending,
the court may direct the parties to counsel with a person named
by the court.
(b) The person named by the court to counsel the parties shall
submit a written report to the court and to the parties before
the final hearing. In the report, the counselor shall give only
an opinion as to whether there exists a reasonable expectation of
reconciliation of the parties and, if so, whether further
counseling would be beneficial. The sole purpose of the report is
to aid the court in determining whether the suit for divorce
should be continued pending further counseling.
(c) A copy of the report shall be furnished to each party.
(d) If the court believes that there is a reasonable expectation
of the parties' reconciliation, the court may by written order
continue the proceedings and direct the parties to a person named
by the court for further counseling for a period fixed by the
court not to exceed 60 days, subject to any terms, conditions,
and limitations the court considers desirable. In ordering
counseling, the court shall consider the circumstances of the
parties, including the needs of the parties' family and the
availability of counseling services. At the expiration of the
period specified by the court, the counselor to whom the parties
were directed shall report to the court whether the parties have
complied with the court's order. Thereafter, the court shall
proceed as in a divorce suit generally.
(e) If the court orders counseling under this section and the
parties to the marriage are the parents of a child under 18 years
of age born or adopted during the marriage, the counseling shall
include counseling on issues that confront children who are the
subject of a suit affecting the parent-child relationship.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997. Amended by Acts 1997, 75th Leg., ch. 1325, Sec. 1, eff.
Sept. 1, 1997.
Sec. 6.506. CONTEMPT. The violation of a temporary restraining
order, temporary injunction, or other temporary order issued
under this subchapter is punishable as contempt.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.507. INTERLOCUTORY APPEAL. An order under this
subchapter, except an order appointing a receiver, is not subject
to interlocutory appeal.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
SUBCHAPTER G. ALTERNATIVE DISPUTE RESOLUTION
Sec. 6.601. ARBITRATION PROCEDURES. (a) On written agreement
of the parties, the court may refer a suit for dissolution of a
marriage to arbitration. The agreement must state whether the
arbitration is binding or nonbinding.
(b) If the parties agree to binding arbitration, the court shall
render an order reflecting the arbitrator's award.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.602. MEDIATION PROCEDURES. (a) On the written agreement
of the parties or on the court's own motion, the court may refer
a suit for dissolution of a marriage to mediation.
(b) A mediated settlement agreement is binding on the parties if
the agreement:
(1) provides, in a prominently displayed statement that is in
boldfaced type or capital letters or underlined, that the
agreement is not subject to revocation;
(2) is signed by each party to the agreement; and
(3) is signed by the party's attorney, if any, who is present at
the time the agreement is signed.
(c) If a mediated settlement agreement meets the requirements of
this section, a party is entitled to judgment on the mediated
settlement agreement notwithstanding Rule 11, Texas Rules of
Civil Procedure, or another rule of law.
(d) A party may at any time prior to the final mediation order
file a written objection to the referral of a suit for
dissolution of a marriage to mediation on the basis of family
violence having been committed against the objecting party by the
other party. After an objection is filed, the suit may not be
referred to mediation unless, on the request of the other party,
a hearing is held and the court finds that a preponderance of the
evidence does not support the objection. If the suit is referred
to mediation, the court shall order appropriate measures be taken
to ensure the physical and emotional safety of the party who
filed the objection. The order shall provide that the parties not
be required to have face-to-face contact and that the parties be
placed in separate rooms during mediation.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997. Amended by Acts 1999, 76th Leg., ch. 178, Sec. 2, eff. Aug.
30, 1999; Acts 1999, 76th Leg., ch. 1351, Sec. 1, eff. Sept. 1,
1999.
Sec. 6.603. COLLABORATIVE LAW. (a) On a written agreement of
the parties and their attorneys, a dissolution of marriage
proceeding may be conducted under collaborative law procedures.
(b) Collaborative law is a procedure in which the parties and
their counsel agree in writing to use their best efforts and make
a good faith attempt to resolve their dissolution of marriage
dispute on an agreed basis without resorting to judicial
intervention except to have the court approve the settlement
agreement, make the legal pronouncements, and sign the orders
required by law to effectuate the agreement of the parties as the
court determines appropriate. The parties' counsel may not serve
as litigation counsel except to ask the court to approve the
settlement agreement.
(c) A collaborative law agreement must include provisions for:
(1) full and candid exchange of information between the parties
and their attorneys as necessary to make a proper evaluation of
the case;
(2) suspending court intervention in the dispute while the
parties are using collaborative law procedures;
(3) hiring experts, as jointly agreed, to be used in the
procedure;
(4) withdrawal of all counsel involved in the collaborative law
procedure if the collaborative law procedure does not result in
settlement of the dispute; and
(5) other provisions as agreed to by the parties consistent with
a good faith effort to collaboratively settle the matter.
(d) Notwithstanding Rule 11, Texas Rules of Civil Procedure, or
another rule or law, a party is entitled to judgment on a
collaborative law settlement agreement if the agreement:
(1) provides, in a prominently displayed statement that is
boldfaced, capitalized, or underlined, that the agreement is not
subject to revocation; and
(2) is signed by each party to the agreement and the attorney of
each party.
(e) Subject to Subsection (g), a court that is notified 30 days
before trial that the parties are using collaborative law
procedures to attempt to settle a dispute may not, until a party
notifies the court that the collaborative law procedures did not
result in a settlement:
(1) set a hearing or trial in the case;
(2) impose discovery deadlines;
(3) require compliance with scheduling orders; or
(4) dismiss the case.
(f) The parties shall notify the court if the collaborative law
procedures result in a settlement. If they do not, the parties
shall file:
(1) a status report with the court not later than the 180th day
after the date of the written agreement to use the procedures;
and
(2) a status report on or before the first anniversary of the
date of the written agreement to use the procedures, accompanied
by a motion for continuance that the court shall grant if the
status report indicates the desire of the parties to continue to
use collaborative law procedures.
(g) If the collaborative law procedures do not result in a
settlement on or before the second anniversary of the date that
the suit was filed, the court may:
(1) set the suit for trial on the regular docket; or
(2) dismiss the suit without prejudice.
(h) The provisions for confidentiality of alternative dispute
resolution procedures as provided in Chapter 154, Civil Practice
and Remedies Code, apply equally to collaborative law procedures
under this section.
Added by Acts 2001, 77th Leg., ch. 1022, Sec. 1, eff. Sept. 1,
2001.
Amended by:
Acts 2005, 79th Leg., Ch.
916, Sec. 1, eff. June 18, 2005.
Sec. 6.604. INFORMAL SETTLEMENT CONFERENCE. (a) The parties to
a suit for dissolution of a marriage may agree to one or more
informal settlement conferences and may agree that the settlement
conferences may be conducted with or without the presence of the
parties' attorneys, if any.
(b) A written settlement agreement reached at an informal
settlement conference is binding on the parties if the agreement:
(1) provides, in a prominently displayed statement that is in
boldfaced type or in capital letters or underlined, that the
agreement is not subject to revocation;
(2) is signed by each party to the agreement; and
(3) is signed by the party's attorney, if any, who is present at
the time the agreement is signed.
(c) If a written settlement agreement meets the requirements of
Subsection (b), a party is entitled to judgment on the settlement
agreement notwithstanding Rule 11, Texas Rules of Civil
Procedure, or another rule of law.
(d) If the court finds that the terms of the written informal
settlement agreement are just and right, those terms are binding
on the court. If the court approves the agreement, the court may
set forth the agreement in full or incorporate the agreement by
reference in the final decree.
(e) If the court finds that the terms of the written informal
settlement agreement are not just and right, the court may
request the parties to submit a revised agreement or set the case
for a contested hearing.
Added by Acts 2005, 79th Leg., Ch.
477, Sec. 3, eff. September 1, 2005.
SUBCHAPTER H. TRIAL AND APPEAL
Sec. 6.701. FAILURE TO ANSWER. In a suit for divorce, the
petition may not be taken as confessed if the respondent does not
file an answer.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.702. WAITING PERIOD. (a) Except as provided by
Subsection (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.
(b) A waiting period is not required before a court may grant an
annulment or declare a marriage void other than as required in
civil cases generally.
(c) A waiting period is not required under Subsection (a) 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.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
896, Sec. 1, eff. June 19, 2009.
Sec. 6.703. JURY. In a suit for dissolution of a marriage,
either party may demand a jury trial unless the action is a suit
to annul an underage marriage under Section 6.102.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
52, Sec. 7, eff. September 1, 2007.
Sec. 6.704. TESTIMONY OF HUSBAND OR WIFE. (a) In a suit for
dissolution of a marriage, the husband and wife are competent
witnesses for and against each other. A spouse may not be
compelled to testify as to a matter that will incriminate the
spouse.
(b) If the husband or wife testifies, the court or jury trying
the case shall determine the credibility of the witness and the
weight to be given the witness's testimony.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.705. TESTIMONY BY MARRIAGE COUNSELOR. (a) The report by
the person named by the court to counsel the parties to a suit
for divorce may not be admitted as evidence in the suit.
(b) The person named by the court to counsel the parties is not
competent to testify in any suit involving the parties or their
children.
(c) The files, records, and other work products of the counselor
are privileged and confidential for all purposes and may not be
admitted as evidence in any suit involving the parties or their
children.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.706. CHANGE OF NAME. (a) In a decree of divorce or
annulment, the court shall change the name of a party
specifically requesting the change to a name previously used by
the party unless the court states in the decree a reason for
denying the change of name.
(b) The court may not deny a change of name solely to keep the
last name of family members the same.
(c) A change of name does not release a person from liability
incurred by the person under a previous name or defeat a right
the person held under a previous name.
(d) A person whose name is changed under this section may apply
for a change of name certificate from the clerk of the court as
provided by Section 45.106.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.707. TRANSFERS AND DEBTS PENDING DECREE. (a) A transfer
of real or personal community property or a debt incurred by a
spouse while a suit for divorce or annulment is pending that
subjects the other spouse or the community property to liability
is void with respect to the other spouse if the transfer was made
or the debt incurred with the intent to injure the rights of the
other spouse.
(b) A transfer or debt is not void if the person dealing with
the transferor or debtor spouse did not have notice of the intent
to injure the rights of the other spouse.
(c) The spouse seeking to void a transfer or debt incurred while
a suit for divorce or annulment is pending has the burden of
proving that the person dealing with the transferor or debtor
spouse had notice of the intent to injure the rights of the
spouse seeking to void the transaction.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.708. COSTS. (a) In a suit for dissolution of a
marriage, the court as it considers reasonable may award costs to
a party. Costs may not be adjudged against a party against whom a
divorce is granted for confinement in a mental hospital under
Section 6.007.
(b) The expenses of counseling may be taxed as costs against
either or both parties.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.709. TEMPORARY ORDERS DURING APPEAL. (a) Not later than
the 30th day after the date an appeal is perfected, on the motion
of a party or on the court's own motion, after notice and
hearing, the trial court may render a temporary order necessary
for the preservation of the property and for the protection of
the parties during the appeal, including an order to:
(1) require the support of either spouse;
(2) require the payment of reasonable attorney's fees and
expenses;
(3) appoint a receiver for the preservation and protection of
the property of the parties; or
(4) award one spouse exclusive occupancy of the parties'
residence pending the appeal.
(b) The trial court retains jurisdiction to enforce a temporary
order under this section unless the appellate court, on a proper
showing, supersedes the trial court's order.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.710. COPY OF DECREE. The clerk of the court shall mail a
copy of the final decree of dissolution of a marriage to the
party who waived service of process under Section 6.4035 by
mailing the copy of the decree to the party at the mailing
address contained in the waiver or to the office of the party's
attorney of record.
Added by Acts 1997, 75th Leg., ch. 614, Sec. 2, eff. Sept. 1,
1997.
Sec. 6.711. FINDINGS OF FACT AND CONCLUSIONS OF LAW. (a) In a
suit for dissolution of a marriage in which the court has
rendered a judgment dividing the estate of the parties, on
request by a party, the court shall state in writing its findings
of fact and conclusions of law concerning:
(1) the characterization of each party's assets, liabilities,
claims, and offsets on which disputed evidence has been
presented; and
(2) the value or amount of the community estate's assets,
liabilities, claims, and offsets on which disputed evidence has
been presented.
(b) A request for findings of fact and conclusions of law under
this section must conform to the Texas Rules of Civil Procedure.
Added by Acts 2001, 77th Leg., ch. 297, Sec. 1, eff. Sept. 1,
2001.
SUBCHAPTER I. REMARRIAGE
Sec. 6.801. REMARRIAGE. (a) Except as otherwise provided by
this subchapter, neither party to a divorce may marry a third
party before the 31st day after the date the divorce is decreed.
(b) The former spouses may marry each other at any time.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.
Sec. 6.802. WAIVER OF PROHIBITION AGAINST REMARRIAGE. For good
cause shown the court may waive the prohibition against
remarriage provided by this subchapter as to either or both
spouses if a record of the proceedings is made and preserved or
if findings of fact and conclusions of law are filed by the
court.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17,
1997.