bill letting agreed divorces skip the court appearance

The text as introduced · 540 words

89R11454 AMF-F

By: Dutton
H.B. No. 2971

A BILL TO BE ENTITLED

AN ACT

relating to an agreed divorce order in a suit for dissolution of a

marriage.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 6, Family Code, is amended by adding

Subchapter G-1 to read as follows:

SUBCHAPTER G-1. AGREED DIVORCE ORDER

Sec. 6.631. AGREED DIVORCE ORDER. (a) Notwithstanding any

other law, a court with jurisdiction over a suit for dissolution of

a marriage may adopt as the court's final decree, without requiring

that the parties to the suit testify or appear in person before the

court, a written divorce agreement submitted by a party if:

(1) the agreement:

(A) includes:

(i) the signature of each party approving

the form and substance of the agreement;

(ii) the date of marriage and the date of

separation, if applicable;

(iii) the grounds for dissolution of the

marriage;

(iv) a characterization of the parties'

assets as separate or community property;

(v) a proposed just and right division of

the community property of the marriage;

(vi) if there is any child born or adopted

of the marriage:

(a) a written agreed parenting plan in

accordance with Section 153.007; and

(b) an agreement concerning child

support in accordance with Section 154.124; and

(vii) provisions for maintenance, if

applicable, or a statement that the parties agree that maintenance

should not be awarded; and

(B) is accompanied by an affidavit or unsworn

declaration of one or both parties containing the necessary facts

or evidence to support the terms of the agreement, including:

(i) a statement that the proposed division

of the community property is a just and right division of the

community property of the marriage;

(ii) if the agreement contains provisions

affecting the parent-child relationship:

(a) the identity of any child,

including the child's name and age; and

(b) a statement that the terms of the

agreement are in the best interest of each child; and

(iii) if the agreement does not contain

provisions affecting the parent-child relationship, a statement

that there are no children born or adopted of the marriage and none

are expected; and

(2) neither party has filed a written objection

opposing the adoption of the agreement as the final decree.

(b) If the court finds that the terms of the agreement are

just and right and in the best interest of each child, if

applicable, the court shall approve the agreement. 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.

(c) If the court finds that the terms of the agreement are

not just and right or in the best interest of each child, if

applicable, the court shall continue the case for appropriate

proceedings.

(d) An agreement adopted by a court under this section is

binding on the parties.

SECTION 2. Subchapter G-1, Chapter 6, Family Code, as added

by this Act, applies to a suit for dissolution of a marriage that is

pending in a trial court on the effective date of this Act or that is

filed on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.