2005 Divorce Reform Legislation



Part of the Divorce Reform Page, sponsored by Americans for Divorce Reform
Legislation | Statistics | Articles/Opinion | Quotations | Polls | Other family-related articles



California
AB 1236

This Bill enacts the Marriage Choice Act of 2005, Prohibiting married parties with children who have not graduated from High School from obtaining a dissolution of marriages on grounds on irreconcilable differences unless both parties have given consent. The bill also establishes procedures, by which a couple may enter into a marital contract rejecting the right to a no-fault divorce, except in certain circumstances.
FAILED IN COMMITTEE
Find Bill @: http://www.leginfo.ca.gov/pub/bill/asm/ab_1201-1250/ab_1236_bill_20050222_introduced.html
Letter of support for AB-1236

Georgia

SB25 By: Senators Seabaugh, Harp, Schaefer, Hill, Pearson and more.
A Bill to require certain divorcing parents to participate in education classes that focus on the effect of divorce and separation on children; to provide for the types of persons who can provide the education; to provide for exceptions to the education classes; to provide that a court shall grant a divorce only after a120-day period from service for those who do NOT have children under 18, and a 180-day period for those parties who DO have children under 18.

Find Bill @: http://www.legis.state.ga.us/legis/2005_06/fulltext/sb25.htm


Hawaii

SB1247 Introducer(s): SAKAMOTO, Inouye, Nishihara
Provides reduced marriage license fees for couples participating in premarital educational classes; requires mandatory classes for parents and children involved in divorce proceedings; requires marital resource brochures be given to applicants for marriage licenses.

Find Bill @: http://www.capitol.hawaii.gov/site1/docs/getstatus2.asp?billno=SB1247


SB554 Introducer(s): CHUN OAKLAND, Fukunaga, Hanabusa, Kokubun
Requires the department of health to distribute brochures on parenting and divorce to all marriage license applicants.

Find Bill @:
http://www.capitol.hawaii.gov/site1/docs/getstatus2.asp?billno=SB554



Iowa

Senate File 60 BY KREIMAN

This bill allows dissolution of marriage without a hearing, prior to the expiration of the 90-day waiting period, only if all the following conditions are met: no children, completion of marital counseling, and that both parties (or the petitioner, if other spouse does not file a response) certify a breakdown of the marriage. In addition, the parties must have settled all of the issues involved in the dissolution, unless the respondent has not filed a response in the case.

Find Bill @:
http://coolice.legis.state.ia.us/Cool-ICE/default.asp?Category=BillInfo&Service=Billbook&hbill=SF60

Kentucky

HB431 J. Gray

This Bill provides the option of couples to enter into a covenant marriage and to choose the option when applying for a marriage license or after the marriage, requiring counseling before entering the covenant marriage.

Find Bill @: http://www.lrc.ky.gov/record/05rs/HB431.htm

Minnesota

Bill HF 1616 Introduced by: DeLaForest

This bill modifies the grounds for a dissolution between partners by adding grounds and adding a waiting period. If an irretrievable breakdown of the marriage relationship happens the decree if dissolution becomes final in 3 years after it is entered.

Find Bill @: http://www.revisor.leg.state.mn.us/bin/bldbill.php?bill=H1616.0&session=ls84


Mississippi

HB326 By:Representative Whittington
An act to require counseling for minor children and parents before a divorce can be granted.

Find Bill @: http://billstatus.ls.state.ms.us/documents/2005/html/HB/0300-0399/HB0326IN.htm


New York

S01438 Introduced by Sen. KRUGER
Makes the conviction of a husband or wife of a class A, B or C violent felony or a sex offense a ground for divorce.

Find Bill @:
http://assembly.state.ny.us/leg/?bn=S01438&sh=t

North Dakota

SENATE BILL NO. 2361 Introduced by
Senators Dever, Erbele, Mathern
Representatives L. Meier, Sandvig, Sitte
This bill changes the marriage license fee for those who completed premarital counseling, and says who can administer the counseling.

Find Bill @:
http://www.state.nd.us/lr/assembly/59-2005/bill-text/FBGR0100.pdf

____
September 13, 2005

Legislators begin studying state marriage laws

<http://www.kxma.com/news/local.asp?ID=5829>
KXMA - Dickinson, ND

A legislative committee has started a study of state marriage laws.

Supporters of the idea say they hope to find ways to strengthen marriage and
families in North Dakota.

Bismarck Republican state Senator Dick Dever says the interim committee
might look at the idea of a waiting period before marriage. He says other
states have such laws, and he thinks they've led to lower divorce rates.

Dever says the committee also might consider discounts on marriage license
fees for couples who go through premarital counseling, and a requirement for
counseling before a divorce is final.

New Mexico
Senate bill 1050

A reduction in the marriage licensing fee (currently at $25) for couples who show evidence of premarital training. There is abundant evidence that certain marriage education programs work, and of exactly what it is they do that is effective in strengthening marriages and reducing divorce rates.

Find Bill @: http://legis.state.nm.us/Sessions/05%20Regular/bills/senate/SB1050.html

Ohio

Senate Bill 140 --as introduced; (.pdf format); (.html format)
Bill Sponsors include: Hottinger, Jordan, Wachtmann, Amstutz, Miller, and Schuring.
There are two Ohio Covenant Marriage Bills: House Bill 268 and Senate Bill 140. The bills require marriage license applicants to receive 12 hours of premarital education before the probate judge issues the marriage license. Other than requiring waiting periods and counseling, Senate Bill 140 eliminates the existing incompatibility ground for divorce.

Other Versions of Bill and Associated Reports
Bill Analysis:
Synopsis of Committee Amendments:
Conference Committee Synopsis:
Status Report of Legislation: This bill was introduced on 5/03/05 and assigned to the JCV Committee.
Fiscal Notes: Offers a detailed fiscal analysis of the state's fiscal year.

Texas
HB1965 Introduced by Hartnett
This bill states if there is proof of fault grounds the court must grant the divorce on the fault grounds, and "shall order a significantly disproportionate division of the estate of the spouses in favor of the spouse who the court determines is least at Fault."

Find Bill @ http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=79&SESS=R&CHAMB
ER=H&BILLTYPE=B&BILLSUFFIX=01965&VERSION=1&TYPE=B

Utah

HB0056
DIVORCE AMENDMENTS Sponsor: Peggy Wallace
This bill provides that a divorce may not be granted on the grounds of irreconcilable differences if there are minor children of the marriage; the parties have been married longer than ten years; or if one of the spouses objects.

Find Bill @:
http://www.le.state.ut.us/~2005/htmdoc/hbillhtm/hb0056.htm
http://www.capitol.state.tx.us/cgi-bin/tlo/textframe.cmd?LEG=79&SESS=R&CHAMB ER=H&BILLTYPE=B&BILLSUFFIX=01965&VERSION=1&TYPE=Bbstitute H.B. 56 Sponsor: Peggy Wallace
This bill creates the Divorce Task Force to study issues related to divorce, including causes of divorce, domestic violence; irreconcilable differences; pornography in the home with minors; waiting periods before a divorce is final; and the costs of divorce.

Find Substitute Bill @:
http://www.le.state.ut.us/~2005/bills/hbillint/hb0056s01.htm


H.B. 252 Sponsor: Rosalind J. McGee

This bill: provides a mechanism for couples who undergo premarital education to receive a reduction of the marriage license fee; requires eight hours of premarital education; frames the requirements for premarital education; and limits who can conduct the premarital education to licensed or ordained ministers, or their designees, persons who can solemnize marriages, marriage and family therapists, social workers, or psychologists.

Find Bill @:
http://www.le.state.ut.us/~2005/bills/hbillint/hb0252.htm

West Virginia

Senate Bill No. 208
This Bill establishes a marriages licenses discount for those parties who have completed premarital counseling.

Find Bill @: http://www.legis.state.wv.us/Bill_Text_HTML/2005_SESSIONS/RS/BILLS/sb208%20intr.htm

SB 469
This bill would establish "covenant marriage".
Find bill @ http://www.legis.state.wv.us/Bill_Text_HTML/2005_SESSIONS/RS/BILLS/sb469%20intr.htm

Letter of support for AB-1236
Tue, 19 Apr 2005 16:19:36 -0700 (PDT)

My name is Daniel J. Dick. I founded NoDivorces and
created numerous pro-marriage web sites. I also work
together with other pro-marriage and pro-family groups
both religious and secular.

AB-1236 "Marriage Choice Act of 2005" returns to the
citizens a freedom -- respect for a fundamental right.

The basic question is whether we should respect the
right of citizens to bind themselves in marriage.

Nobody questions whether we have the right or ability
to put on wedding clothes and carry out a ritual or
sign marriage licenses and such. But, one fundamental
right the citizens of this nation have lost is the
right to enter into a marriage that is as binding as
we say it is.

AB-1236 restores that right. It does nothing to deny
people the right to enter into non-binding marriages.
All it does is provide us the freedom to choose how
we want to bind ourselves in marriage.

Many of us do not want to enter into marriages that
are unbinding. To us it is simply dishonest. When we
marry, we want to know there is some assurance that we
will not be cheated. We want to prove our love to
our spouses giving them the security of knowing they
will not be cheated.

Personally, I feel raped by the current no-fault
divorce laws as do many others. Many people live
under the tyranny of an abusive spouse who uses the
threat of divorce as a control device. "If you don't
do what I say, I'll divorce you. I'll have an affair.
I'll dump you. I'll kick you out. I can find a
replacement for you anywhere."

If you ever lived under this kind of tyranny you will
know the pain it causes, and children live within
hearing range of this abuse. Think of the effect this
has on them.

And, yet current no-fault divorce legislation makes
this threat so very real. Lawyers are incented to
encourage and reward the person pursuing a divorce.
Faithfulness is not profitable. As lawyers become
wealthy, legislatures must raise judge's salaries to
keep them on the job. So, indirectly judges, too,
are financially incented to reward the spouse who
breaks the family.

AB-1236 protectes the faithful spouse and the children
by giving the citizens freedom to choose how binding
they want their marriage to be. Nobody is forced into
this kind of marriage.

It is the kind of marriage I would want to have.
Why would you want to deny me this right?

I want the freedom to tell my spouse, "I mean it."
I want the freedom to avoid entering a marriage with
someone who may want to cheat me and destroy our
family later, and I want to be able to protect the
fruit of my labor and love from being stolen by such
a person.

That is a right I want to have.

I want my spouse and myself to live without fear of
ever being hurt this way by this kind of injustice.

I want my children to live with some security that
their parents probably will not go bad, but if one
does, then they will be safe and secure with a house
and a good living standard with the faithful spouse
who did not break up the marriage.

I want the right to have a legitimate marriage.

If you don't want a legitimate marriage for yourself,
please, at least have the decency to respect my right
to have one for myself.

Thank you,
Daniel J. Dick


Legislation | Statistics | Articles/Opinion | Quotations | Polls | Other family-related articles
Originally posted and maintained by Americans for Divorce Reform; now maintained by John Crouch. You can call me at (703) 528-6700 or e-mail me through my law office's web site.