Item from the Smart
Marriages Archive, reproduced in the Divorce Statistics
Collection
Chinese oppose draconian draft marriage law
October 16, 1998
BEIJING - A proposed draconian new marriage law, which outlaws extramarital
affairs and dictates a three-year separation prior to
divorce, has run into fierce public opposition, the China Daily said on
Friday.
An Internet survey of 7,852 people showed almost 60 percent were against
the draft law now circulating for public comment, the paper
said.
Chinese authorities, alarmed by an escalating divorce rate, have proposed
legislation that makes extramarital affairs illegal, orders
adulterous partners to pay compensation to their spouses and calls for an
investigation of the third party.
The current 17-year-old marriage law allows a simple, swift divorce once
"mutual affection is ended.''
Eighty two percent of people surveyed disagreed with extramarital affairs
becoming illegal because "human beings have sophisticated
feelings and may make another choice'' and 62 percent opposed punishing
the third party.
Only 10.4 percent of those polled supported the new law and just 17.9 percent
favored outlawing infidelity.
One quarter of the respondents frowned on visiting prostitutes, taking concubines
and forced sex in marriage.
China's divorce rate climbed from 5.9 per thousand in 1990 to 7.1 per thousand
in 1995, according to the latest official figures. Divorce
is especially high in urban areas.
____________________________________
Legislative panel OK's doubling waiting time to obtain a divorce
By Suzanne McBride Indianapolis Star/News
INDIANAPOLIS (Oct. 14, 1998) -- Getting a divorce in Indiana could become
more difficult if some state lawmakers have their way.
Wednesday, the Interim Study Committee on Family Law Issues approved proposals
to double the 60-day waiting period for divorce
and create a new covenant marriage license that makes it harder for couples
to break up.
The legislative committee failed by one vote to back a third proposal, which
would have allowed engaged couples to obtain a marriage
license more quickly if they complete a premarital education course.
Lawmakers on the committee plan to introduce bills on these subjects during
next year's legislative session. But all three proposals are a
long way from becoming law.
Each measure must win support from committees in both legislative chambers,
as well as the full Indiana House and Senate, before
going to Gov. Frank O'Bannon for his signature.
Wednesday's action was hailed by one conservative group, which predicts
a drop in Indiana's divorce rate if the proposals become law.
"It was a very positive vote for families. It's a statement that divorce
in Indiana shouldn't be quick and easy," said Micah Clark,
associate director of the Indiana Family Institute.
Some lawmakers on the interim committee were far less supportive. Rep. Vernon
Smith, D-Gary, and Sen. Anita Bowser, D-Michigan
City, said they feared the measures would allow government to wrongly intrude
into the lives of Hoosiers.
Before he voted against the covenant marriage proposal, Smith asked his
colleagues, "Why are we getting further into a family's
business?"
Smith and Bowser were the only lawmakers to vote against that proposal,
which would allow Hoosiers to choose one of two marriage
licenses.
The first type, the only license now available in Indiana, allows couples
to get a no-fault divorce.
The second would allow couples to divorce only in certain circumstances
-- if a spouse committed adultery, was convicted of a felony,
abandoned the home for at least one year or abused a child, or if the couple
lived apart for at least two years.
There was more agreement on the proposal to extend the waiting period to
get a divorce. The committee unanimously approved a
120-day waiting period for everyone but couples who show evidence of domestic
violence. Those couples could divorce in just 60 days.
Although he voted for the proposal, Smith questioned the need to double
the current waiting period. Few people get a divorce in just two
months, he said.
A longer waiting period will give some couples the time they need to reconcile,
said Rep. Dennis Kruse, R-Auburn. He added that it's
no coincidence that Maryland, which has a two-year waiting period, boasts
the lowest divorce rate in the nation.
Lawmakers need to take a stand on the issue, said Rep. Candy Marendt, R-Indianapolis.
"Do we want to make this easier, or do we
want to make this harder? We're certainly not going to save every marriage,
but I think this is an important message to send."
There was even more debate about the premarital education proposal. Again,
some legislators wondered just how far the state should go
in regulating marriage.
"We're involving ourselves in so many ways in this marriage business,"
said Bowser. "Are we then going to take a giant step forward
and say who can marry and who cannot marry?"
Under the proposal, couples would have to receive at least four hours of
premarital education on conflict management, communication
skills, financial responsibilities and parenting if they wanted to wait
no more than three days for a marriage license. Couples who didn't
complete the course would have to wait 60 days.
Lawmakers backed the proposal 6-3, but that was one vote shy of earning
an official recommendation from the committee.
The committee also approved a proposal that would require couples wanting
a marriage license to be get tested for HIV and hepatitis B.
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