Texas Family Code Title 1, Chapter 6 - Suit For Dissolution Of Marriage

SUBCHAPTER A GROUNDS FOR DIVORCE AND DEFENSES

• Texas Section 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...
• Texas Section 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...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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;...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B GROUNDS FOR ANNULMENT

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER C DECLARING A MARRIAGE VOID

• Texas Section 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...
• Texas Section 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;...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER D JURISDICTION, VENUE, AND RESIDENCE QUALIFICATIONS

• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E FILING SUIT

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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.,...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F TEMPORARY ORDERS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER G ALTERNATIVE DISPUTE RESOLUTION

• Texas Section 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,...
• Texas Section 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...
• Texas Section 6.6015 - Determination Of Validity And Enforceability Of Contract Containing Agreement To Arbitrate
  (a) If a party to a suit for dissolution of a marriage opposes an application to compel arbitration or makes an application to stay arbitration...
• Texas Section 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...

SUBCHAPTER H TRIAL AND APPEAL

• Texas Section 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...
• Texas Section 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,...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 6.708 - Costs; Attorney's Fees And Expenses
  (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...
• Texas Section 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...
• Texas Section 6.710 - Notice Of Final Decree
  The clerk of the court shall mail a notice of the signing of the final decree of dissolution of a marriage to the party who...

SUBCHAPTER I REMARRIAGE

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

Last modified: September 28, 2016