Legislative Blog

J.B. Williams, J.D.


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A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically Family Law legislation as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of Family Law legislation

Topics within this blog will focus on divorce and custody legislation or court rulings that affect them. This will not be an exhaustive review of any and all legislation but a review of items I see and find interesting or particularly important. Some of the matters may cross over into other areas of law but affect family matters in some manner.

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Blog Summary

HB5291 in Legislation regular session 88. This was introduced in March 2023 and passed the House but not yet passed the Senate. It was introduced by Representative Dutton.

This blog, and future ones, will focus on Final Divorce Decrees in agreed divorces. These make up a large portion of divorces, either through agreement of the parties from the beginning or agreements reached through mediation or mediation-like processes. More often than not, legislation here is meant to lessen the burden on the parties and the courts, while maintaining assurances that these are truly agreed divorces. In this case it mostly implements what multiple courts have done under existing laws, and expands it ever so slightly to make it even easier for the parties.



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Agreed Final Divorce Orders 2023

Published: 2023-05-05

Currently Texas requires testimony to be taken even in an Agreed Divorce Order. Although this testimony may be given, at the Court's discretion, via an Affidavit signed by one of the parties in the presence of a notary.

This law would allow the court to sign and adopt the Agreed Final Decree without testimony or an in person appearance of the parties if:

  1. each party signs to approve of the form and substance of the agreement;
  2. date or the marriage and separation are included;
  3. grounds for dissolution are stated;
  4. all property of the parties' is designated separate or community;
  5. it contains a just and right division of the community property;
  6. provisions for maintenance if there is to be any or a statement that there is to be none;
  7. if there are minor children:
    • written agreed parenting plan is included;
    • agreement concerning child support.

Must be accompanied by an affidavit or unsworn declaration of one or both parties regarding the necessary facts.

 


J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.


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