reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter A. Suit to Enforce Decree › Section 9.011. Right to Future Property

Sec. 9.011.  RIGHT TO FUTURE PROPERTY.  (a)  The court may, by any remedy provided by this chapter, enforce an award of the right to receive installment payments or a lump-sum payment due on the maturation of an existing vested or nonvested right to be paid in the future.
(b)  The subsequent actual receipt by the non-owning party of property awarded to the owner in a decree of divorce or annulment creates a fiduciary obligation in favor of the owner and imposes a constructive trust on the property for the benefit of the owner.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter A. Suit to Enforce Decree › Section 9.012. Contempt

Sec. 9.012.  CONTEMPT.  (a)  The court may enforce by contempt an order requiring delivery of specific property or an award of a right to future property.
(b)  The court may not enforce by contempt an award in a decree of divorce or annulment of a sum of money payable in a lump sum or in future installment payments in the nature of debt, except for:
(1)  a sum of money in existence at the time the decree was rendered;  or
(2)  a matured right to future payments as provided by Section 9.011.
(c)  This subchapter does not detract from or limit the general power of a court to enforce an order of the court by appropriate means.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter A. Suit to Enforce Decree › Section 9.013. Costs

Sec. 9.013.  COSTS.  The court may award costs in a proceeding to enforce a property division under this subchapter as in other civil cases.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter A. Suit to Enforce Decree › Section 9.014. Attorney's Fees

Sec. 9.014.  ATTORNEY'S FEES.  The court may award reasonable attorney's fees in a proceeding under this subchapter.  The court may order the attorney's fees to be paid directly to the attorney, who may enforce the order for fees in the attorney's own name by any means available for the enforcement of a judgment for debt.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Sec. 8, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter B. Post-Decree Qualified Domestic Relations Order › Section 9.101. Jurisdiction for Qualified Domestic Relations Order

Sec. 9.101.  JURISDICTION FOR QUALIFIED DOMESTIC RELATIONS ORDER.  (a)  Notwithstanding any other provision of this chapter, the court that rendered a final decree of divorce or annulment or another final order dividing property under this title retains continuing, exclusive jurisdiction to render an enforceable qualified domestic relations order or similar order permitting payment of pension, retirement plan, or other employee benefits divisible under the law of this state or of the United States to an alternate payee or other lawful payee.
(b)  Unless prohibited by federal law, a suit seeking a qualified domestic relations order or similar order under this section applies to a previously divided pension, retirement plan, or other employee benefit divisible under the law of this state or of the United States, whether the plan or benefit is private, state, or federal.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter B. Post-Decree Qualified Domestic Relations Order › Section 9.102. Procedure

Sec. 9.102.  PROCEDURE.  (a)  A party to a decree of divorce or annulment may petition the court for a qualified domestic relations order or similar order.
(b)  Except as otherwise provided by this code, a petition under this subchapter is governed by the Texas Rules of Civil Procedure that apply to the filing of an original lawsuit.
(c)  Each party whose rights may be affected by the petition is entitled to receive notice by citation and shall be commanded to appear by filing a written answer.
(d)  The proceedings shall be conducted in the same manner as civil cases generally.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter B. Post-Decree Qualified Domestic Relations Order › Section 9.103. Prior Failure to Render Qualified Domestic Relations Order

Sec. 9.103.  PRIOR FAILURE TO RENDER QUALIFIED DOMESTIC RELATIONS ORDER.  A party may petition a court to render a qualified domestic relations order or similar order if the court that rendered a final decree of divorce or annulment or another final order dividing property under this chapter did not provide a qualified domestic relations order or similar order permitting payment of benefits to an alternate payee or other lawful payee.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter B. Post-Decree Qualified Domestic Relations Order › Section 9.104. Defective Prior Domestic Relations Order

Sec. 9.104.  DEFECTIVE PRIOR DOMESTIC RELATIONS ORDER.  If a plan administrator or other person acting in an equivalent capacity determines that a domestic relations order does not satisfy the requirements of a qualified domestic relations order or similar order, the court retains continuing, exclusive jurisdiction over the parties and their property to the extent necessary to render a qualified domestic relations order.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter B. Post-Decree Qualified Domestic Relations Order › Section 9.1045. Amendment of Qualified Domestic Relations Order

Sec. 9.1045.  AMENDMENT OF QUALIFIED DOMESTIC RELATIONS ORDER.  (a)  A court that renders a qualified domestic relations order retains continuing, exclusive jurisdiction to amend the order to correct the order or clarify the terms of the order to effectuate the division of property ordered by the court.
(b)  An amended domestic relations order under this section must be submitted to the plan administrator or other person acting in an equivalent capacity to determine whether the amended order satisfies the requirements of a qualified domestic relations order.  Section 9.104 applies to a domestic relations order amended under this section.
Added by Acts 2005, 79th Leg., Ch. 481 (H.B. 248), Sec. 1, eff. June 17, 2005.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter B. Post-Decree Qualified Domestic Relations Order › Section 9.105. Liberal Construction

Sec. 9.105.  LIBERAL CONSTRUCTION.  The court shall liberally construe this subchapter to effect payment of retirement benefits that were divided by a previous decree that failed to contain a qualified domestic relations order or similar order or that contained an order that failed to meet the requirements of a qualified domestic relations order or similar order.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter B. Post-Decree Qualified Domestic Relations Order › Section 9.106. Attorney's Fees

Sec. 9.106.  ATTORNEY'S FEES.  In a proceeding under this subchapter, the court may award reasonable attorney's fees incurred by a party to a divorce or annulment against the other party to the divorce or annulment.  The court may order the attorney's fees to be paid directly to the attorney, who may enforce the order for fees in the attorney's own name by any means available for the enforcement of a judgment for debt.
Added by Acts 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Sec. 9, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter C. Post-Decree Division of Property › Section 9.201. Procedure for Division of Certain Property Not Divided on Divorce or Annulment

Sec. 9.201.  PROCEDURE FOR DIVISION OF CERTAIN PROPERTY NOT DIVIDED ON DIVORCE OR ANNULMENT.  (a)  Either former spouse may file a suit as provided by this subchapter to divide property not divided or awarded to a spouse in a final decree of divorce or annulment.
(b)  Except as otherwise provided by this subchapter, the suit is governed by the Texas Rules of Civil Procedure applicable to the filing of an original lawsuit.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter C. Post-Decree Division of Property › Section 9.202. Limitations

Sec. 9.202.  LIMITATIONS.  (a)  A suit under this subchapter must be filed before the second anniversary of the date a former spouse unequivocally repudiates the existence of the ownership interest of the other former spouse and communicates that repudiation to the other former spouse.
(b)  The two-year limitations period is tolled for the period that a court of this state does not have jurisdiction over the former spouses or over the property.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter C. Post-Decree Division of Property › Section 9.203. Division of Undivided Assets When Prior Court Had Jurisdiction

Sec. 9.203.  DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT HAD JURISDICTION.  (a)  If a court of this state failed to dispose of property subject to division in a final decree of divorce or annulment even though the court had jurisdiction over the spouses or over the property, the court shall divide the property in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.
(b)  If a final decree of divorce or annulment rendered by a court in another state failed to dispose of property subject to division under the law of that state even though the court had jurisdiction to do so, a court of this state shall apply the law of the other state regarding undivided property as required by Section 1, Article IV, United States Constitution (the full faith and credit clause), and enabling federal statutes.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter C. Post-Decree Division of Property › Section 9.204. Division of Undivided Assets When Prior Court Lacked Jurisdiction

Sec. 9.204.  DIVISION OF UNDIVIDED ASSETS WHEN PRIOR COURT LACKED JURISDICTION.  (a)  If a court of this state failed to dispose of property subject to division in a final decree of divorce or annulment because the court lacked jurisdiction over a spouse or the property, and if that court subsequently acquires the requisite jurisdiction, that court may divide the property in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.
(b)  If a final decree of divorce or annulment rendered by a court in another state failed to dispose of property subject to division under the law of that state because the court lacked jurisdiction over a spouse or the property, and if a court of this state subsequently acquires the requisite jurisdiction over the former spouses or over the property, the court in this state may divide the property in a manner that the court deems just and right, having due regard for the rights of each party and any children of the marriage.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter C. Post-Decree Division of Property › Section 9.205. Attorney's Fees

Sec. 9.205.  ATTORNEY'S FEES.  In a proceeding to divide property previously undivided in a decree of divorce or annulment as provided by this subchapter, the court may award reasonable attorney's fees.  The court may order the attorney's fees to be paid directly to the attorney, who may enforce the order in the attorney's own name by any means available for the enforcement of a judgment for debt.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 768 (S.B. 866), Sec. 10, eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter D. Disposition of Undivided Beneficial Interest › Section 9.301. Pre-Decree Designation of Ex-Spouse as Beneficiary of Life Insurance

Sec. 9.301.  PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY OF LIFE INSURANCE.  (a)  If a decree of divorce or annulment is rendered after an insured has designated the insured's spouse as a beneficiary under a life insurance policy in force at the time of rendition, a provision in the policy in favor of the insured's former spouse is not effective unless:
(1)  the decree designates the insured's former spouse as the beneficiary;
(2)  the insured redesignates the former spouse as the beneficiary after rendition of the decree;  or
(3)  the former spouse is designated to receive the proceeds in trust for, on behalf of, or for the benefit of a child or a dependent of either former spouse.
(b)  If a designation is not effective under Subsection (a), the proceeds of the policy are payable to the named alternative beneficiary or, if there is not a named alternative beneficiary, to the estate of the insured.
(c)  An insurer who pays the proceeds of a life insurance policy issued by the insurer to the beneficiary under a designation that is not effective under Subsection (a) is liable for payment of the proceeds to the person or estate provided by Subsection (b) only if:
(1)  before payment of the proceeds to the designated beneficiary, the insurer receives written notice at the home office of the insurer from an interested person that the designation is not effective under Subsection (a);  and
(2)  the insurer has not interpleaded the proceeds into the registry of a court of competent jurisdiction in accordance with the Texas Rules of Civil Procedure.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1 - The Marriage Relationship › Subtitle C - Dissolution of Marriage › Chapter 9 - Post-Decree Proceedings › Subchapter D. Disposition of Undivided Beneficial Interest › Section 9.302. Pre-Decree Designation of Ex-Spouse as Beneficiary in Retirement Benefits and Other Financial Plans

Sec. 9.302.  PRE-DECREE DESIGNATION OF EX-SPOUSE AS BENEFICIARY IN RETIREMENT BENEFITS AND OTHER FINANCIAL PLANS.  (a)  If a decree of divorce or annulment is rendered after a spouse, acting in the capacity of a participant, annuitant, or account holder, has designated the other spouse as a beneficiary under an individual retirement account, employee stock option plan, stock option, or other form of savings, bonus, profit-sharing, or other employer plan or financial plan of an employee or a participant in force at the time of rendition, the designating provision in the plan in favor of the other former spouse is not effective unless:
(1)  the decree designates the other former spouse as the beneficiary;
(2)  the designating former spouse redesignates the other former spouse as the beneficiary after rendition of the decree;  or
(3)  the other former spouse is designated to receive the proceeds or benefits in trust for, on behalf of, or for the benefit of a child or dependent of either former spouse.
(b)  If a designation is not effective under Subsection (a), the benefits or proceeds are payable to the named alternative beneficiary or, if there is not a named alternative beneficiary, to the designating former spouse.
(c)  A business entity, employer, pension trust, insurer, financial institution, or other person obligated to pay retirement benefits or proceeds of a financial plan covered by this section who pays the benefits or proceeds to the beneficiary under a designation of the other former spouse that is not effective under Subsection (a) is liable for payment of the benefits or proceeds to the person provided by Subsection (b) only if:
(1)  before payment of the benefits or proceeds to the designated beneficiary, the payor receives written notice at the home office or principal office of the payor from an interested person that the designation of the beneficiary or fiduciary is not effective under Subsection (a);  and
(2)  the payor has not interpleaded the benefits or proceeds into the registry of a court of competent jurisdiction in accordance with the Texas Rules of Civil Procedure.
(d)  This section does not affect the right of a former spouse to assert an ownership interest in an undivided pension, retirement, annuity, or other financial plan described by this section as provided by this subchapter.
(e)  This section does not apply to the disposition of a beneficial interest in a retirement benefit or other financial plan of a public retirement system as defined by Section 802.001, Government Code.
Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter A. Application and Construction › Section 15.001. Policy

Sec. 15.001.  POLICY.  It is the policy of this state to encourage the peaceable resolution of disputes, with special consideration given to disputes involving the parent-child relationship, including disputes involving the conservatorship of, possession of or access to, and support of a child, and the early settlement of pending litigation through voluntary settlement procedures.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter A. Application and Construction › Section 15.002. Conflicts Between Provisions

Sec. 15.002.  CONFLICTS BETWEEN PROVISIONS.  If a provision of this chapter conflicts with another provision of this code or another statute or rule of this state and the conflict cannot be reconciled, this chapter prevails.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter A. Application and Construction › Section 15.003. Uniformity of Application and Construction

Sec. 15.003.  UNIFORMITY OF APPLICATION AND CONSTRUCTION.  In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact a collaborative law process Act for family law matters.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter A. Application and Construction › Section 15.004. Relation to Electronic Signatures in Global and National Commerce Act

Sec. 15.004.  RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.  This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, limit, or supersede Section 101(c) of that Act (15 U.S.C. Section 7001(c)), or authorize electronic delivery of any of the notices described in Section 103(b) of that Act (15 U.S.C. Section 7003(b)).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter B. General Provisions › Section 15.051. Short Title

Sec. 15.051.  SHORT TITLE.  This chapter may be cited as the Collaborative Family Law Act.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter B. General Provisions › Section 15.053. Applicability

Sec. 15.053.  APPLICABILITY.  This chapter applies only to a matter arising under Title 1 or 5.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter C. Collaborative Family Law Process › Section 15.101. Requirements for Collaborative Family Law Participation Agreement

Sec. 15.101.  REQUIREMENTS FOR COLLABORATIVE FAMILY LAW PARTICIPATION AGREEMENT.  (a)  A collaborative family law participation agreement must:
(1)  be in a record;
(2)  be signed by the parties;
(3)  state the parties' intent to resolve a collaborative family law matter through a collaborative family law process under this chapter;
(4)  describe the nature and scope of the collaborative family law matter;
(5)  identify the collaborative lawyer who represents each party in the collaborative family law process; and
(6)  contain a statement by each collaborative lawyer confirming the lawyer's representation of a party in the collaborative family law process.
(b)  A collaborative family law participation agreement must include provisions for:
(1)  suspending tribunal intervention in the collaborative family law matter while the parties are using the collaborative family law process; and
(2)  unless otherwise agreed in writing, jointly engaging any professionals, experts, or advisors serving in a neutral capacity.
(c)  Parties may agree to include in a collaborative family law participation agreement additional provisions not inconsistent with this chapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter C. Collaborative Family Law Process › Section 15.104. Emergency Order

Sec. 15.104.  EMERGENCY ORDER.  During a collaborative family law process, a tribunal may issue an emergency order to protect the health, safety, welfare, or interest of a party or a family, as defined by Section 71.003.  If the emergency order is granted without the agreement of all parties, the granting of the order terminates the collaborative process.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter C. Collaborative Family Law Process › Section 15.105. Effect of Written Settlement Agreement

Sec. 15.105.  EFFECT OF WRITTEN SETTLEMENT AGREEMENT.  (a)  A settlement agreement under this chapter is enforceable in the same manner as a written settlement agreement under Section 154.071, Civil Practice and Remedies Code.
(b)  Notwithstanding Rule 11, Texas Rules of Civil Procedure, or another rule or law, a party is entitled to judgment on a collaborative family law settlement agreement if the agreement:
(1)  provides, in a prominently displayed statement that is in boldfaced type, capitalized, or underlined, that the agreement is not subject to revocation; and
(2)  is signed by each party to the agreement and the collaborative lawyer of each party.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter C. Collaborative Family Law Process › Section 15.106. Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm; Exception

Sec. 15.106.  DISQUALIFICATION OF COLLABORATIVE LAWYER AND LAWYERS IN ASSOCIATED LAW FIRM; EXCEPTION.  (a)  In this section, "family" has the meaning assigned by Section 71.003.
(b)  Except as provided by Subsection (d), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative family law matter regardless of whether the collaborative lawyer is representing the party for a fee.
(c)  Except as provided by Subsection (d) and Sections 15.107 and 15.108, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative family law matter if the collaborative lawyer is disqualified from doing so under Subsection (b).
(d)  A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
(1)  to request a tribunal to approve an agreement resulting from the collaborative family law process; or
(2)  to seek or defend an emergency order to protect the health, safety, welfare, or interest of a party or a family if a successor lawyer is not immediately available to represent that party.
(e)  The exception prescribed by Subsection (d) does not apply after the party is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of that party or family.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter C. Collaborative Family Law Process › Section 15.107. Exception From Disqualification for Representation of Low-Income Parties

Sec. 15.107.  EXCEPTION FROM DISQUALIFICATION FOR REPRESENTATION OF LOW-INCOME PARTIES.  After a collaborative family law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under Section 15.106(b) is associated may represent a party without a fee in the collaborative family law matter or a matter related to the collaborative family law matter if:
(1)  the party has an annual income that qualifies the party for free legal representation under the criteria established by the law firm for free legal representation;
(2)  the collaborative family law participation agreement authorizes that representation; and
(3)  the collaborative lawyer is isolated from any participation in the collaborative family law matter or a matter related to the collaborative family law matter through procedures within the law firm that are reasonably calculated to isolate the collaborative lawyer from such participation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter C. Collaborative Family Law Process › Section 15.108. Governmental Entity as Party

Sec. 15.108.  GOVERNMENTAL ENTITY AS PARTY.  (a)  In this section, "governmental entity" has the meaning assigned by Section 101.014.
(b)  The disqualification prescribed by Section 15.106(b) applies to a collaborative lawyer representing a party that is a governmental entity.
(c)  After a collaborative family law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a governmental entity in the collaborative family law matter or a matter related to the collaborative family law matter if:
(1)  the collaborative family law participation agreement authorizes that representation; and
(2)  the collaborative lawyer is isolated from any participation in the collaborative family law matter or a matter related to the collaborative family law matter through procedures within the law firm that are reasonably calculated to isolate the collaborative lawyer from such participation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter C. Collaborative Family Law Process › Section 15.109. Disclosure of Information

Sec. 15.109.  DISCLOSURE OF INFORMATION.  (a)  Except as provided by law other than this chapter, during the collaborative family law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery.  A party shall update promptly any previously disclosed information that has materially changed.
(b)  The parties may define the scope of the disclosure under Subsection (a) during the collaborative family law process.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter C. Collaborative Family Law Process › Section 15.110. Standards of Professional Responsibility and Mandatory Reporting Not Affected

Sec. 15.110.  STANDARDS OF PROFESSIONAL RESPONSIBILITY AND MANDATORY REPORTING NOT AFFECTED.  This chapter does not affect:
(1)  the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or
(2)  the obligation of a person under other law to report abuse or neglect, abandonment, or exploitation of a child or adult.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter C. Collaborative Family Law Process › Section 15.111. Informed Consent

Sec. 15.111.  INFORMED CONSENT.  Before a prospective party signs a collaborative family law participation agreement, a prospective collaborative lawyer must:
(1)  assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative family law process is appropriate for the prospective party's matter;
(2)  provide the prospective party with information that the lawyer reasonably believes is sufficient for the prospective party to make an informed decision about the material benefits and risks of a collaborative family law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, including litigation, mediation, arbitration, or expert evaluation; and
(3)  advise the prospective party that:
(A)  after signing an agreement, if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative family law matter, the collaborative family law process terminates;
(B)  participation in a collaborative family law process is voluntary and any party has the right to terminate unilaterally a collaborative family law process with or without cause; and
(C)  the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative family law matter, except as authorized by Section 15.106(d), 15.107, or 15.108(c).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter C. Collaborative Family Law Process › Section 15.112. Family Violence

Sec. 15.112.  FAMILY VIOLENCE.  (a)  In this section:
(1)  "Dating relationship" has the meaning assigned by Section 71.0021(b).
(2)  "Family violence" has the meaning assigned by Section 71.004.
(3)  "Household" has the meaning assigned by Section 71.005.
(4)  "Member of a household" has the meaning assigned by Section 71.006.
(b)  Before a prospective party signs a collaborative family law participation agreement in a collaborative family law matter in which another prospective party is a member of the prospective party's family or household or with whom the prospective party has or has had a dating relationship, a prospective collaborative lawyer must make reasonable inquiry regarding whether the prospective party has a history of family violence with the other prospective party.
(c)  If a collaborative lawyer reasonably believes that the party the lawyer represents, or the prospective party with whom the collaborative lawyer consults, as applicable, has a history of family violence with another party or prospective party, the lawyer may not begin or continue a collaborative family law process unless:
(1)  the party or prospective party requests beginning or continuing a process; and
(2)  the collaborative lawyer or prospective collaborative lawyer determines with the party or prospective party what, if any, reasonable steps could be taken to address the concerns regarding family violence.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter C. Collaborative Family Law Process › Section 15.113. Confidentiality of Collaborative Family Law Communication

Sec. 15.113.  CONFIDENTIALITY OF COLLABORATIVE FAMILY LAW COMMUNICATION.  (a)  A collaborative family law communication is confidential to the extent agreed to by the parties in a signed record or as provided by law other than this chapter.
(b)  If the parties agree in a signed record, the conduct and demeanor of the parties and nonparty participants, including their collaborative lawyers, are confidential.
(c)  If the parties agree in a signed record, communications related to the collaborative family law matter occurring before the signing of the collaborative family law participation agreement are confidential.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter C. Collaborative Family Law Process › Section 15.114. Privilege Against Disclosure of Collaborative Family Law Communication

Sec. 15.114.  PRIVILEGE AGAINST DISCLOSURE OF COLLABORATIVE FAMILY LAW COMMUNICATION.  (a)  Except as provided by Section 15.115, a collaborative family law communication, whether made before or after the institution of a proceeding, is privileged and not subject to disclosure and may not be used as evidence against a party or nonparty participant in a proceeding.
(b)  Any record of a collaborative family law communication is privileged, and neither the parties nor the nonparty participants may be required to testify in a proceeding related to or arising out of the collaborative family law matter or be subject to a process requiring disclosure of privileged information or data related to the collaborative matter.
(c)  An oral communication or written material used in or made a part of a collaborative family law process is admissible or discoverable if it is admissible or discoverable independent of the collaborative family law process.
(d)  If this section conflicts with other legal requirements for disclosure of communications, records, or materials, the issue of privilege may be presented to the tribunal having jurisdiction of the proceeding to determine, in camera, whether the facts, circumstances, and context of the communications or materials sought to be disclosed warrant a protective order of the tribunal or whether the communications or materials are subject to disclosure.  The presentation of the issue of privilege under this subsection does not constitute a termination of the collaborative family law process under Section 15.102(d)(2)(B).
(e)  A party or nonparty participant may disclose privileged collaborative family law communications to a party's successor counsel, subject to the terms of confidentiality in the collaborative family law participation agreement. Collaborative family law communications disclosed under this subsection remain privileged.
(f)  A person who makes a disclosure or representation about a collaborative family law communication that prejudices the rights of a party or nonparty participant in a proceeding may not assert a privilege under this section.  The restriction provided by this subsection applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter C. Collaborative Family Law Process › Section 15.115. Limits of Privilege

Sec. 15.115.  LIMITS OF PRIVILEGE.  (a)  The privilege prescribed by Section 15.114 does not apply to a collaborative family law communication that is:
(1)  in an agreement resulting from the collaborative family law process, evidenced in a record signed by all parties to the agreement;
(2)  subject to an express waiver of the privilege in a record or orally during a proceeding if the waiver is made by all parties and nonparty participants;
(3)  available to the public under Chapter 552, Government Code, or made during a session of a collaborative family law process that is open, or is required by law to be open, to the public;
(4)  a threat or statement of a plan to inflict bodily injury or commit a crime of violence;
(5)  a disclosure of a plan to commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity;
(6)  a disclosure in a report of:
(A)  suspected abuse or neglect of a child to an appropriate agency under Subchapter B, Chapter 261, or in a proceeding regarding the abuse or neglect of a child, except that evidence may be excluded in the case of communications between an attorney and client under Subchapter C, Chapter 261; or
(B)  abuse, neglect, or exploitation of an elderly or disabled person to an appropriate agency under Subchapter B, Chapter 48, Human Resources Code; or
(7)  sought or offered to prove or disprove:
(A)  a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative family law process;
(B)  an allegation that the settlement agreement was procured by fraud, duress, coercion, or other dishonest means or that terms of the settlement agreement are illegal;
(C)  the necessity and reasonableness of attorney's fees and related expenses incurred during a collaborative family law process or to challenge or defend the enforceability of the collaborative family law settlement agreement; or
(D)  a claim against a third person who did not participate in the collaborative family law process.
(b)  If a collaborative family law communication is subject to an exception under Subsection (a), only the part of the communication necessary for the application of the exception may be disclosed or admitted.
(c)  The disclosure or admission of evidence excepted from the privilege under Subsection (a) does not make the evidence or any other collaborative family law communication discoverable or admissible for any other purpose.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 1-A - Collaborative Family Law › Chapter 15 - Collaborative Family Law Act › Subchapter C. Collaborative Family Law Process › Section 15.116. Authority of Tribunal in Case of Noncompliance

Sec. 15.116.  AUTHORITY OF TRIBUNAL IN CASE OF NONCOMPLIANCE.  (a)  Notwithstanding that an agreement fails to meet the requirements of Section 15.101 or that a lawyer has failed to comply with Section 15.111 or 15.112, a tribunal may find that the parties intended to enter into a collaborative family law participation agreement if the parties:
(1)  signed a record indicating an intent to enter into a collaborative family law participation agreement; and
(2)  reasonably believed the parties were participating in a collaborative family law process.
(b)  If a tribunal makes the findings specified in Subsection (a) and determines that the interests of justice require the following action, the tribunal may:
(1)  enforce an agreement evidenced by a record resulting from the process in which the parties participated;
(2)  apply the disqualification provisions of Sections 15.106, 15.107, and 15.108; and
(3)  apply the collaborative family law privilege under Section 15.114.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 31 - Removal of Disabilities of Minority › Section 31.001. Requirements

Sec. 31.001.  REQUIREMENTS.  (a)  A minor may petition to have the disabilities of minority removed for limited or general purposes if the minor is:
(1)  a resident of this state;
(2)  17 years of age, or at least 16 years of age and living separate and apart from the minor's parents, managing conservator, or guardian;  and
(3)  self-supporting and managing the minor's own financial affairs.
(b)  A minor may file suit under this chapter in the minor's own name.  The minor need not be represented by next friend.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 31 - Removal of Disabilities of Minority › Section 31.002. Requisites of Petition; Verification

Sec. 31.002.  REQUISITES OF PETITION;  VERIFICATION.  (a)  The petition for removal of disabilities of minority must state:
(1)  the name, age, and place of residence of the petitioner;
(2)  the name and place of residence of each living parent;
(3)  the name and place of residence of the guardian of the person and the guardian of the estate, if any;
(4)  the name and place of residence of the managing conservator, if any;
(5)  the reasons why removal would be in the best interest of the minor;  and
(6)  the purposes for which removal is requested.
(b)  A parent of the petitioner must verify the petition, except that if a managing conservator or guardian of the person has been appointed, the petition must be verified by that person.  If the person who is to verify the petition is unavailable or that person's whereabouts are unknown, the amicus attorney or attorney ad litem shall verify the petition.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 13, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 31 - Removal of Disabilities of Minority › Section 31.003. Venue

Sec. 31.003.  VENUE.  The petitioner shall file the petition in the county in which the petitioner resides.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 31 - Removal of Disabilities of Minority › Section 31.004. Representation of Petitioner

Sec. 31.004.  REPRESENTATION OF PETITIONER.  The court shall appoint an amicus attorney or attorney ad litem to represent the interest of the petitioner at the hearing.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 14, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 31 - Removal of Disabilities of Minority › Section 31.005. Order

Sec. 31.005.  ORDER.  The court by order, or the Texas Supreme Court by rule or order, may remove the disabilities of minority of a minor, including any restriction imposed by Chapter 32, if the court or the Texas Supreme Court finds the removal to be in the best interest of the petitioner.  The order or rule must state the limited or general purposes for which disabilities are removed.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995;  Acts 1999, 76th Leg., ch. 1303, Sec. 1, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 31 - Removal of Disabilities of Minority › Section 31.006. Effect of General Removal

Sec. 31.006.  EFFECT OF GENERAL REMOVAL.  Except for specific constitutional and statutory age requirements, a minor whose disabilities are removed for general purposes has the capacity of an adult, including the capacity to contract.  Except as provided by federal law, all educational rights accorded to the parent of a student, including the right to make education decisions under Section 151.001(a)(10), transfer to the minor whose disabilities are removed for general purposes.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995;  Acts 2001, 77th Leg., ch. 767, Sec. 9, eff. June 13, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 7.001, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 2 - Child in Relation to the Family › Subtitle A - Limitations of Minority › Chapter 31 - Removal of Disabilities of Minority › Section 31.007. Registration of Order of Another State or Nation

Sec. 31.007.  REGISTRATION OF ORDER OF ANOTHER STATE OR NATION.  (a)  A nonresident minor who has had the disabilities of minority removed in the state of the minor's residence may file a certified copy of the order removing disabilities in the deed records of any county in this state.
(b)  When a certified copy of the order of a court of another state or nation is filed, the minor has the capacity of an adult, except as provided by Section 31.006 and by the terms of the order.
Amended by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.