Tex. Fam. Code § 6.701-6.707

TEXAS FAMILY CODE Chapter 6, Subchapter H — TRIAL AND APPEAL CHAPTER 6 • SUIT FOR DISSOLUTION OF MARRIAGE Subchapter H: TRIAL AND APPEAL Sec. 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, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Sec. 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. A decree rendered in violation of this subsection is not subject to collateral attack. (b) A waiting period is not required before a court may grant an annulment or declare a marriage void other than as required in civil cases generally. (c) A waiting period is not required under Subsection (a) before a court may grant a divorce in a suit in which the court finds that: (1) the respondent has been finally convicted of or received deferred adjudication for an offense involving family violence as defined by Section 71.004 against the petitioner or a member of the petitioner's household; or (2) the petitioner has an active protective order under Title 4 or an active magistrate's order for emergency protection under Article 17.292, Code of Criminal Procedure, based on a finding of family violence, against the respondent because of family violence committed during the marriage. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by: Acts 2009, 81st Leg., R.S., Ch. 896 (H.B. 72), Sec. 1, eff. June 19, 2009. Sec. 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 marriage under Section 6.102. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by: Acts 2007, 80th Leg., R.S., Ch. 52 (S.B. 432), Sec. 7, e o annul an underage marriage under Section 6.102. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by: Acts 2007, 80th Leg., R.S., Ch. 52 (S.B. 432), Sec. 7, eff. September 1, 2007. Sec. 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 be compelled to testify as to a matter that will incriminate the spouse. (b) If the husband or wife testifies, the court or jury trying the case shall determine the credibility of the witness and the weight to be given the witness's testimony. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Sec. 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 in the suit. (b) The person named by the court to counsel the parties is not competent to testify in any suit involving the parties or their children. (c) The files, records, and other work products of the counselor are privileged and confidential for all purposes and may not be admitted as evidence in any suit involving the parties or their children. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 6, Subchapter H — TRIAL AND APPEAL Sec. 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 used by the party unless the court states in the decree a reason for denying the change of name. (b) The court may not deny a change of name solely to keep the last name of family members the same. (c) A change of name does not release a person from liability incurred by the person under a pre (b) The court may not deny a change of name solely to keep the last name of family members the same. (c) A change of name does not release a person from liability incurred by the person under a previous name or defeat a right the person held under a previous name. (d) A person whose name is changed under this section may apply for a change of name certificate from the clerk of the court as provided by Section 45.106. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Sec. 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 that subjects the other spouse or the community property to liability is void with respect to the other spouse if the transfer was made or the debt incurred with the intent to injure the rights of the other spouse. (b) A transfer or debt is not void if the person dealing with the transferor or debtor spouse did not have notice of the intent to injure the rights of the other spouse. (c) The spouse seeking to void a transfer or debt incurred while a suit for divorce or annulment is pending has the burden of proving that the person dealing with the transferor or debtor spouse had notice of the intent to injure the rights of the spouse seeking to void the transaction. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Sec. 6.708. ATTORNEY'S FEES, COURT COSTS, 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 adjudged against a party against whom a divorce is granted for confinement in a mental hospital under Section 6.007. (b) The expenses of counseling may be taxed as costs against either or both parties. (c) In a suit for dissolution of a marriage, the court may award reasonable and necessary attorney's fees, court costs, and expenses. The court may order the fees, costs, expens her or both parties. (c) In a suit for dissolution of a marriage, the court may award reasonable and necessary attorney's fees, court costs, and expenses. The court may order the fees, costs, expenses, and any postjudgment interest 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 2013, 83rd Leg., R.S., Ch. 916 (H.B. 1366), Sec. 4, eff. September 1, 2013. Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 2, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 3, eff. September 1, 2025. Sec. 6.709. TEMPORARY ORDERS DURING APPEAL. (a) In a suit for dissolution of a marriage, on the motion of a party or on the court's own motion, after notice and hearing, the trial court may render a temporary order as considered equitable and necessary for the preservation of the property and for the protection of the parties during an appeal, including an order directed toward one or both parties: (1) requiring the support of either spouse; (2) requiring the payment of reasonable and necessary attorney's fees, court costs, and expenses; (3) appointing a receiver for the preservation and protection of the property of the parties; (4) awarding one spouse exclusive occupancy of the parties' residence pending the appeal; (5) enjoining a party from dissipating or transferring the property awarded to the other party in the trial court's property division; or (6) suspending the operation of all or part of the property division that is being appealed. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 6, Subchapter H — TRIAL AND APPEAL (b) A temporary order under this section enjoining a party from dissipating or transferring the property awarded to the other party in the trial cour Chapter 6, Subchapter H — TRIAL AND APPEAL (b) A temporary order under this section enjoining a party from dissipating or transferring the property awarded to the other party in the trial court's property division: (1) may be rendered without: (A) the issuance of a bond between the spouses; or (B) an affidavit or a verified pleading stating specific facts showing that immediate and irreparable injury, loss, or damage will result; (2) is not required to: (A) define the injury or state why the injury is irreparable; or (B) include an order setting the suit for trial on the merits with respect to the ultimate relief sought; and (3) may not prohibit a party's use, transfer, conveyance, or dissipation of the property awarded to the other party in the trial court's property division if the use, transfer, conveyance, or dissipation of the property is for the purpose of suspending the enforcement of the property division that is the subject of the appeal. (c) A temporary order under this section that suspends the operation of all or part of the property division that is the subject of the appeal may not be rendered unless the trial court takes reasonable steps to ensure that the party awarded property in the trial court's property division is protected from the other party's dissipation or transfer of that property. (d) In considering a party's request to suspend the enforcement of the property division, the trial court shall consider whether: (1) any relief granted under Subsection (a) is adequate to protect the party's interest in the property awarded to the party; or (2) the party who was not awarded the property should also be required to provide security for the appeal in addition to any relief granted under Subsection (a). (e) If the trial court determines that the party awarded the property can be adequately protected from the other party's dissipation of assets during the appeal only if the other party provides security for the appeal, th determines that the party awarded the property can be adequately protected from the other party's dissipation of assets during the appeal only if the other party provides security for the appeal, the trial court shall set the appropriate amount of security, taking into consideration any relief granted under Subsection (a) and the amount of security that the other party would otherwise have to provide by law if relief under Subsection (a) was not granted. (f) In rendering a temporary order under this section that suspends enforcement of all or part of the property division, the trial court may grant any relief under Subsection (a), in addition to requiring the party who was not awarded the property to post security for that part of the property division to be suspended. The trial court may require that the party who was not awarded the property post all or only part of the security that would otherwise be required by law. (g) This section does not prevent a party who was not awarded the property from exercising that party's right to suspend the enforcement of the property division as provided by law. (h) A motion seeking an original temporary order under this section: (1) may be filed before trial; and (2) may not be filed by a party after the date by which that party is required to file the party's notice of appeal under the Texas Rules of Appellate Procedure. (i) The trial court retains jurisdiction to conduct a hearing and sign an original temporary order under this section until the 60th day after the date any eligible party has filed a notice of appeal from final judgment under the Texas Rules of Appellate Procedure. (j) The trial court retains jurisdiction to modify and enforce a temporary order under this section unless the appellate court, on a proper showing, supersedes the trial court's order. (k) On the motion of a party or on the court's own motion, after notice and hearing, the trial court may modify a previous temporary order render proper showing, supersedes the trial court's order. (k) On the motion of a party or on the court's own motion, after notice and hearing, the trial court may modify a previous temporary order rendered under this section if: (1) the circumstances of a party have materially and substantially changed since the rendition of the previous order; and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 6, Subchapter H — TRIAL AND APPEAL (2) modification is equitable and necessary for the preservation of the property or for the protection of the parties during the appeal. (l) A party may seek review of the trial court's temporary order under this section by: (1) motion filed in the court of appeals with jurisdiction or potential jurisdiction over the appeal from the judgment in the case; (2) proper assignment in the party's brief; or (3) petition for writ of mandamus. (m) A temporary order rendered under this section is not subject to interlocutory appeal. (n) The remedies provided in this section are cumulative of all other remedies allowed by law. Added by Acts 1997, 75th Leg., ch. 7, Sec. 1, eff. April 17, 1997. Amended by: Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 1, eff. September 1, 2017. Acts 2025, 89th Leg., R.S., Ch. 593 (H.B. 2524), Sec. 4, eff. September 1, 2025. Sec. 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 waived service of process under Section 6.4035 at the mailing address contained in the waiver or the office of the party's attorney of record. The notice must state that a copy of the decree is available at the office of the clerk of the court and include the physical address of that office. Added by Acts 1997, 75th Leg., ch. 614, Sec. 2, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 529 (H.B. 2422), Sec. 1, eff. June 17, 20 clude the physical address of that office. Added by Acts 1997, 75th Leg., ch. 614, Sec. 2, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 529 (H.B. 2422), Sec. 1, eff. June 17, 2011. Sec. 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 by a party, the court shall state in writing its findings of fact and conclusions of law, including the characterization and value of all assets, liabilities, claims, and offsets on which disputed evidence has been presented. (b) A request for findings of fact and conclusions of law under this section must conform to the Texas Rules of Civil Procedure. (c) The findings of fact and conclusions of law required by this section are in addition to any other findings or conclusions required or authorized by law. Added by Acts 2001, 77th Leg., ch. 297, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2017, 85th Leg., R.S., Ch. 421 (S.B. 1237), Sec. 2, eff. September 1, 2017. Sec. 6.712. DATE OF MARRIAGE REQUIREMENT IN FINAL DECREE. (a) In a suit for dissolution of a marriage in which the court grants a divorce, the court shall state the date of the marriage in the decree of divorce. (b) This section does not apply to a suit for dissolution of a marriage described by Section 2.401(a)(2). Added by Acts 2021, 87th Leg., R.S., Ch. 934 (H.B. 3774), Sec. 4.01, eff. September 1, 2021. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4