Under current Texas law, a divorce may not be granted by the Court until the 61st day after the petition for divorce has been filed. This 60 day waiting period can be waived under certain circumstances. Texas House Bill 65, currently being considered by the Legislature, would increase the waiting period to 180 days if a child is involved and the divorce is sought on insupportability grounds.
Here is a link to the text of Texas House Bill 65: http://www.capitol.state.tx.us/BillLookup/Text.aspx?LegSess=85R&Bill=HB65
In my opinion, having practiced family law in Texas for more than 15 years and having handled hundreds and hundreds of Texas divorce cases, Texas House Bill 65 is bad policy. It infringes upon the liberty of adult Texans to make their own decisions regarding divorce. Consenting adults are currently free to attempt reconciliation and delay the divorce, as necessary. However, the state shouldn’t arbitrarily force divorcing couples to wait 6 months. This is especially true when both parties are in agreement on all terms. The current 60 day waiting period is sufficient and should remain unchanged.
ACTION REQUESTED: Contact the following State Representatives on the House Calendars Committee and respectfully ask that Texas House Bill 65 not be placed on the House Calendar.
The Honorable-
Trent Ashby (Lufkin) | 512-463-0508 |
Helen Giddings (DeSoto) | 512-463-0953 |
Kyle Kacal (College Station) | 512-463-0412 |
Linda Koop (Dallas) | 512-463-0454 |
Chris Paddie (Marshall) | 512-463-0556 |
Dade Phelan (Port Neches) | 512-463-0706 |
I will update the progress (or, hopefully, the lack thereof) of this bill in the future.
MCR