House Bill No. 2971 introduces a new Subchapter G-1 to Chapter 6 of the Texas Family Code, establishing provisions for an "Agreed Divorce Order." This 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. The agreement must include signatures from both parties, details about the marriage and separation, grounds for dissolution, asset characterization, a proposed division of community property, and, if applicable, a parenting plan and child support agreement. Additionally, it must be accompanied by an affidavit or unsworn declaration supporting the agreement's terms, and neither party can have filed an objection to the adoption of the agreement.
If the court finds the terms of the agreement to be just and right, 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 and right, the court will continue the case for further proceedings. The bill stipulates that the new provisions apply to any divorce suits pending or filed on or after the effective date of the Act, which is set for September 1, 2025.
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