the painful process of divorce. And it's not often that I can find positive impact from the actions of the Texas Legislature, but recently, the "Distinguished Gentlepersons" up in Austin got something right. A small change to the Texas Family Code caught my attention, and I believe it will greatly improve the timely relief of temporary matters in divorce litigation. In this article, I will delve into the details of this new provision and its implications for couples navigating the challenging waters of divorce in Texas.
The New
Provision:
With the
passage of Texas House Bill 2671, beginning September 1, 2023, the Texas Family
Code will now include § 105.001(a-1), which addresses Temporary Injunction and
Other Temporary Orders. This newly added subsection offers a solution to a
common problem faced by divorcing couples: the delay in obtaining temporary
relief due to referrals to mediation.
Explaining
the Change:
Before this
change, when a court referred a divorce case to mediation and a motion for a
temporary order was pending, the initial hearing on that motion could be
postponed to a later date, leading to unnecessary delays in resolving urgent
matters. However, the new provision brings an essential safeguard into play.
Under §
105.001(a-1), if the court, on its own motion, refers a suit for mediation
where a motion for a temporary order is pending, the court cannot postpone the
initial hearing on that motion beyond the 30th day after the original hearing
date was set. This means that once a motion for temporary relief is filed, the
court must address the matter and hold the initial hearing within 30 days.
Enhancing
Timely Relief:
The
implications of this change may not seem profound to most, but I believe it will mean the world of difference
to people who are suffering in untenable domestic situations that need quick
relief . Divorce cases often involve pressing issues such as child custody,
temporary support, and property matters. Couples require swift resolution to
these matters to maintain stability during the divorce process. By mandating an
initial hearing within 30 days of filing the motion, this new provision ensures
that temporary matters are addressed promptly.
Moreover, the
change promotes efficient case management and streamlines the divorce process
for both parties and the court. Timely resolution of temporary matters can
alleviate stress and uncertainty, allowing individuals to focus on moving
forward with their lives.
The addition
of 105.001(a-1)) to the Texas Family Code marks a small but significant step
forward in enhancing timely relief of temporary matters in divorce litigation.
As a family law attorney, I believe this change will have a positive impact on
divorcing couples, offering them the assurance that urgent issues will be
addressed promptly. Moreover, the provision reflects a commitment to efficient
case management and the well-being of those navigating the complexities of
divorce.
