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.