H.B. No. 2971 introduces a new legal framework for agreed divorce orders in Texas by adding Subchapter G-1 to Chapter 6 of the Family Code. This new section allows a court with jurisdiction over a divorce case to adopt a written divorce agreement as the final decree without requiring the parties to testify or appear in person, provided that the agreement meets specific criteria. These criteria include the signatures of both parties, details about the marriage and separation, a characterization of assets, a proposed division of community property, and any necessary provisions regarding child custody and support. Additionally, the agreement must be accompanied by an affidavit or unsworn declaration that supports its terms, and neither party can have filed an objection to the agreement.

If the court finds the terms of the agreement to be just and in the best interest of any children involved, it will approve the agreement, which can be incorporated into the final decree. Conversely, if the terms are deemed not just or not in the best interest of the children, the court will continue the case for further proceedings. The bill stipulates that any agreement adopted under this new section will be binding on the parties involved. This legislation is set to take effect on September 1, 2025, and applies to any pending or future divorce suits filed after this date.

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