2004 Georgia waiting period/education bill passed by Senate



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 The Georgia House is considering a waiting period/education bill that was passed by the Senate last month.

The bill's definition of who can teach the pre-divorce classes is actually pretty good, in comparison with most state legislation on premarital counseling.

It is not clear from the text whether these programs will be the already popular custody education programs on how to reduce the harm to children from the process -- which were pioneered in Georgia -- or some new kind of program intended to discourage divorce by telling people it's bad for their children.

The bill's progress can be tracked at http://www.legis.state.ga.us/legis/2003_04/sum/sb298.htm

 Here is the current version of the bill, as passed by the Senate.

SB298/CSFA/2
Senate Bill 298
By: Senators Seabaugh of the 28th, Collins of the 6th, Tanksley of the 32nd and Starr of the 44th

AS PASSED SENATE
A BILL TO BE ENTITLED
AN ACT

To amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, so as to require certain divorcing parents to participate in education classes that focus on the effect of divorce and separation on children; to provide for legislative findings; to provide for the types of persons who can provide the education; to provide for exceptions to the education classes; to change the time limit for granting a divorce on the grounds that the marriage is irretrievably broken; to provide for different time frames for granting divorce based on certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, is amended by striking subsection (a) of Code Section 19-5-1, relating to granting total divorces and referral for alternative dispute resolution, and inserting in lieu thereof the following:
"(a) Total divorces may be granted in proper cases by the superior court; provided, however, that the parties shall comply with Code Section 19-5-1.1 if it is applicable. Unless an issuable defense is filed as provided by law and a jury trial is demanded in writing by either party on or before the call of the case for trial, in all petitions for divorce and permanent alimony the judge shall hear and determine all issues of law and of fact and any other issues raised in the pleadings."
SECTION 2.
Said chapter is further amended by inserting a new Code section to read as follows;
"19-5-1.1.
(a) The General Assembly finds that children are the innocent victims of legal separation and divorce and that, when two parties separate or divorce, there is a devastating impact on their children who have had no voice in the decision to disrupt the family. Oftentimes, these children of divorce are negatively affected academically, socially, emotionally, and psychologically as a result of the stress and trauma placed on the family by the separation or divorce and by the associated discord between their parents occasioned by the process. The General Assembly finds that severe emotional trauma to the children can have short-term and long-term negative effects on these children. The General Assembly further finds that parents pursuing legal separation and divorce may be oblivious to or attempt to deny the harm they cause their children through the separation or divorce process. The General Assembly finds that education may benefit parties considering legal separation or divorce by educating them about the short-term and long-term negative effects that such a decision may have on their children. Accordingly, the General Assembly determines and declares that it is in the best interests of the children, families, and citizens of the State of Georgia to require that, in most cases, parties to a legal separation or divorce proceeding filed pursuant to this chapter or Chapter 6 of this title who have children younger than 18 years of age or who are expecting a child undertake, within 20 days of the filing of the answer to the petition, education classes focusing on the current and future potential negative impact on children of separation or divorce.
(b)(1) Except as otherwise provided in subsection (c) of this Code section, in proceedings pursuant to this chapter in which there are dependent children of the marriage who are younger than 18 years of age or in which the wife is pregnant, the court shall order the parties seeking legal separation or divorce to participate in education classes of their choice, focusing substantially on the potential impact of separation or divorce on children.
(2) The parties shall commence such education classes within 20 days after the filing of the answer to the petition for legal separation or divorce.
(3) The education classes shall be provided to parties in each judicial circuit by one or more of the following:
(A) A marriage and family therapist, social worker, or professional counselor licensed pursuant to Chapter 10A of Title 43 or psychologist licensed pursuant to Chapter 39 of Title 43;
(B) An unlicenced therapist acting under the supervision of a licensed marriage and family therapist, licensed psychologist, licensed social worker, or licensed professional counselor;
(C) A qualified member of the clergy; or
(D) A qualified person acting under the supervision of a member of the clergy.
(4) Persons providing the education classes may use the curriculum developed by the Georgia Board of Professional Counselors, Social Workers, and Marriage and Family Therapists or such other curriculum that focuses specially on the impact of legal separation and divorce on children.
(5) The education classes shall commence within 20 days after the filing of the answer to the petition for legal separation or divorce and shall consist of a minium total of four hours after the filing of the answer to the petition, unless the parties reconcile prior to completion of the education classes. Counseling in which the parties have participated at any time within six months prior to the filing of the answer to the petition shall also count toward the hourly requirements set forth in this paragraph, if such counseling focused substantially on the potential impact on children of separation or divorce. The parties may elect to participate in the education classes together or separately. Whether the parties participate in the education classes together or separately, each party shall participate for a total of four hours.
(6) After a party has successfully completed the education classes, the person providing the education classes shall provide the participating party with a certificate of completion or a letter of verification or some other written documentation indicating successful completion of the education classes. The person providing education classes shall also provide to the party a list of resources for mental health counseling, marital counseling, child counseling, and other support services that may be available in the community to the party and the party´s children.
(7) The court shall either provide payment for indigent parties to complete the education classes required by this Code section or shall waive such requirement.
(c) The parties may elect to attend the education classes together unless one of the following circumstances exist:
(1) A protective order has been issued against one of the parties pursuant to Article 1 of Chapter 13 of this title;
(2) There have been allegations of violence within the marriage; or
(3) One of the parties prefers to attend the education class without his or her spouse.
(d) The court shall not require the education classes prescribed in subsection (b) of this Code section if:
(1) Service of process was satisfied by publication and the whereabouts of one of the parties cannot be determined;
(2) One of the parties to the marriage at the time of the action is serving a sentence in the Department of Corrections;
(3) The youngest child of the parties is within six months of his or her eighteenth birthday;
(4) One of the parties to the proceeding does not live in this state; or
(5) The parties have been living separate and apart for more than five years.
(e) If the petition for legal separation or divorce is not dismissed, the costs, if any, associated with the education classes required by subsection (b) of this Code section shall be paid by the participating parties in accordance with each party´s ability to pay, as the court deems appropriate."
SECTION 3.
Said chapter is further amended by striking paragraph (13) of Code Section 19-5-3, relating to grounds for divorce, and inserting in lieu thereof the following:
"(13) The marriage is irretrievably broken. Under no circumstances shall the court grant a divorce on this ground until not less than 30 120 days from the date of service on the respondent and as further provided in Code Section 19-5-3.1."
SECTION 4.
Said chapter is further amended by inserting a new Code section to follow Code Section 19-5-3, relating to grounds for divorce, to read as follows:
"19-5-3.1.
(a) A court shall grant a divorce only after 120 days from the date of service on the respondent where the parties do not have children who are 18 years of age or younger, except as provided in subsection (c) of this Code section.
(b) A court shall grant a divorce only after 180 days from the date of service on the respondent where the parties have children who are younger than 18 years of age, except as provided in subsection (c) of this Code section.
(c) The waiting periods provided by this Code section shall be waived where either party has obtained a protective order pursuant to Article 1 of Chapter 13 of this title or where either party alleges in a verified petition or verified answer or verified responsive pleading specific facts establishing probable cause that family violence as defined by Code Section 19-13-1 has occurred in the past."


The Truth About SB-298
An Op-Ed Written By Jamie Self For The AJC
2/13/2004 

Since the Senate passed SB 298, which extends the waiting period for couples filing for divorce, there seems to be a lot of misinformation floating about.  Media outlets and even some of the elected officials involved in the debate fail to grasp some simple truths.
 
First, this bill only addresses no-fault divorce cases.  Fault based cases dealing with abuse, adultery, neglect, abandonment, mental cruelty, drug abuse, etc. do not have a waiting period and the bill passed Thursday does not impose one.  The waiting period we are talking about only affects divorces of convenience -- divorces whose seeds have sown a bitter harvest for the adults and children involved. 
 
Many Senators entering the debate on the Senate floor would like to believe divorce is a private matter and any law passed regulating it is "meddling." 
 
The truth is, government is already involved in divorce-picking up the pieces, and the tab, left by broken families.   Divorce is certainly deeply personal, but it's implications beyond the divorcing couple are vast.  Children who grow up with only one of their biological parents are three times more likely to have a child out of wedlock, 2.5 times more likely to become teenage mothers, and 1.4 times more likely to be out of school and unemployed. Children who grow up with one parent are twice as likely to drop out of high school.  Boys raised outside of an intact nuclear family are more than twice as likely to end up in prison, even controlling for a range of social and economic factors.
 
Government will spend over 1 billion dollars this year subsidizing divorce.  There is a legitimate interest for our state to pass reasonable laws that create an environment where divorce is more thoughtfully entered into, where children are considered, and where the health and well-being of our society is valued.    
 
Lieutenant Governor Mark Taylor said of the bill, "This is not the type of legislation that deals with burning issues facing Georgia, like the huge deficit, HOPE and health care. There are so many serious issues facing the state, and we spend all day on this."  What has not been considered is how much more easily issues of state budgets, education and health care could be dealt with if we had more intact healthy families raising their children.  Each marriage that is saved will save this state at least $30,000 in that year and will save children from a lifetime of economic, educational and health disadvantages created by the family breakdown.
 
Steven Nock of the University reminds us that, "We know what the cause of poverty is in this country and, like it or not, it's divorce and non-wedlock childbearing.  We know that for every three divorces, one family ends up below the poverty line.  The federal government pays for part of that, but states pay the balance.  Divorce, by itself, is a major economic issue."
 
We must not buy in to the misconception that this is another "big government intervention" into the private lives of citizens.  We must realize that when more children are raised by their married mom and dad, the less government will have to be involved.
 
Many opponents to the legislation argue that people who file for divorce have already given it considerable thought and have arrived at the conclusion that breaking up the marriage is best for their family.  This bill is not for those people.  They will proceed as usual and an extra few months will neither hurt nor help the process.  But states with waiting periods of 90 days or longer have divorce rates that are as much as 25% lower than states with shorter waiting periods.  Some marriages do reconcile.  Some people will find benefit in a cooling off period.
 
Honestly, not all marriage are good marriages.  Certainly where there is violence and abuse, children, mothers, fathers and society at large benefit from the breakup-the very expedient breakup--of that relationship.  In current law there is not exception for the current 30-day waiting period if a battered spouse wanted to get a no-fault divorce.   This bill improves upon current law by creating a way out of the waiting period if a victim of domestic violence chooses, for whatever reason, to file for no-fault divorce rather than on ground of abuse.
 
More than any other force or program, the family shapes the attitudes, the hopes, the ambitions, and the values of our children.  And when families break down, it is the children that are usually damaged.  When families break down on a massive scale, the community is crippled.  If either party succumbs to the temptation to write off the preservation of the family as a priority in order to score political points, they do so at our collective peril.




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