Rooney on Divorce/Ohio divorce/George Divorce legislation-3/04

Sun Mar 21 23:45:29 EST 2004

subject: Rooney on Divorce/Ohio divorce/George Divorce legislation-3/04

from: Smart Marriages®

- ANDY ROONEY ON MARRIAGE AND DIVORCE
- DIVORCE IN OHIO 
- GEORGIA DIVORCE LEGISLATION
- GEORGIA MARRIAGE EDUCATION LEGISLATION

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- ANDY ROONEY ON MARRIAGE AND DIVORCE
> Dear Diane,
> Andy Rooney on 60 Minutes tonight (3/21/04) railed against President Bush's
> proposal for a constitutional amendment protecting marriage and said, instead,
> we'd do more to protect marriage by making divorce illegal.
> 
> He then said that he realized it would be impractical to ban divorce but
> cited the sad state of marriage that ends in so much divorce.  He suggested
> couples should take tests to qualify for marriage, and instead of obtaining a
> "license" they would get a permit for ten years with the possibility of
> an extension....  "Except in Oklahoma", where the divorce rate is 70%.
> Rich Nauman

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- DIVORCE IN OHIO 

Cleveland Plain Dealer Letters to the Editor

Far too many spouses are coerced to divorce
03/21/04

Thank you for the interesting story "Divorce, American style" (March 13).
That same headline was used for a 1965 story that ran in New York's Town
and Country magazine. The purpose then was to pitch the need for
reforming divorce law. The result over the next 10 years was a silent
revolution that swept through the country when lawmakers replaced our
previous divorce system with today's "no-fault" system.

California was the first to wipe out the previous "grounds" for divorce
and enact this new form of divorce on demand. But, apparently, Ohio
didn't want to go quite as far as California. Ohio lawmakers added two
new "no-fault" options to its old divorce laws - probably to placate
conservatives. But some think that Ohio lawmakers botched the job.
The Plain Dealer's story was just one version of what happens to someone
who tries to resist the inevitable, but the numbers of those resisting
are far greater than reported. Research (see "Divided Families," by
Andrew J. Cherlin and Frank F. Furstenberg) reveals that up to 80 percent
of divorces are "forced" on one of the parties because of the divorce-
on-demand nature of the law.

Most unfortunate spouses who get caught up in the system have lawyers
who've already told them there's nothing they can do - "just cooperate or
you'll make the judge mad" - so anecdotal evidence makes it appear that
most are agreeing to their families' demise. But that's far from the
truth. 
From: Judy Parejko 
Menomonie, Wisc. 

The recent story "Divorce, American style" stated that the courts broadly
define what's cruel or neglectful to minimize litigation and avoid
leaving people in unhappy marriages. Courts could do the opposite and
possibly avoid making abandoned spouses and children live in unhappy
divorces. Ohio law allows courts to help troubled couples by sending them
to experts who've had success showing unsatisfied spouses how to be happy
again. If my husband were a drug addict, the court could order him to go
to rehab; if he's an unhappy spouse, the court has the power to send us
to relationship rehab, but judges overlook this law.

The law also requires a one-year separation before my husband's
application for divorce satisfies Ohio's grounds for divorce. Though my
husband hasn't met this requirement, and even if I'm innocent of the
charges of extreme cruelty and gross neglect of duty, I'm told the court
will order my four young sons to visit Daddy at the apartment he rented.
What Ohio law gives the court the authority to do that? The court can't
prove that my sons are better off spending time away from home visiting
Dad than spending time with Dad at home. What was the intention of the
legislature when it required a one-year separation period before
application for divorce? If my husband separates from me and wants to
create a child visitation schedule with the help of a pastor or
relationship expert, that is our business. Until my husband has been gone
for a year, where is the legal authority for the court to get involved if
I prove I'm innocent of fault?

I invite readers to join me in asking Ohio legislators why they allow the
courts to favor the whims of the abandoning spouse over the other spouse
and the desires of the children who need an intact home. Visit
www.marysadvocates.org.

An intact family is priceless. When I'm on my deathbed, I'm not going to
smile about how much money I got from my divorce settlement; I'm going to
ask myself if I tried to provide my sons with a healthy home where they'd
learn by the example of their parents to love, even when it takes
sacrifice, forgiveness and cooperation over the long haul, through good
times and bad. 
From: Marie Macfarlane
Westlake 

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- GEORGIA DIVORCE LEGISLATION

Bulletin on Georgia Legislation sent by John Crouch of Americans for Divorce
Reform: 

The Georgia House is considering a divorce 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 Atlanta Journal Constitution
    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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- GEORGIA MARRIAGE EDUCATION LEGISLATION

HB 1451 - Premarital counseling; financial incentive; marriage licenses
Sponsors: (1) Bordeaux,Tom 125th     (2) Stephens,Ron 123rd     (3)
Stokes,Jim 72nd
(4) Fleming,Barry 79th
03/15/04 - House Passed/Adopted

The bill's further progress can be tracked at
http://www.legis.state.ga.us/legis/2003_04/sum/hb1451.htm

 [What follows are the original bill and a committee substitute. It is
unclear from the web site whether the substitution was successful. The
differences seem to be that the license fee for non-counseled couples is
$150 in the original, $50 in the substitute, and the original let
counseling be performed not only by clergy, but also by "(4) A member of a
religious ministry responsible to its established ecclesiastical authority
who possesses a master´s degree or its equivalent in theological studies; or
(5) A person engaged in the practice of a specialty in accordance with
Biblical doctrine in a public or nonprofit agency or entity or in private
practice." Both versions fail to include marriage education, offering
therapists or physicians as the only alternative to clergy. - John Crouch]

04    LC 29 1332S
The House Committee on Judiciary offers the following substitute to HB 1451:
A BILL TO BE ENTITLED
AN ACT

To amend Code Section 15-9-60 of the Official Code of Georgia Annotated,
relating to probate court costs, and Chapter 3 of Title 19 of the Official
Code of Georgia Annotated, relating to marriage generally, so as to provide
for premarital counseling; to provide for financial incentive to invest in
premarital counseling; to change provisions relating to the contents of the
application for a marriage license; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to
probate court costs, is amended by striking paragraph (14) of subsection
(k) and inserting new paragraphs (14) and (14.1) to read as follows:
"(14) Application for marriage license if the applicants have completed
premarital counseling pursuant to Code Section 19-3-30.1

10.00
(14.1) Application for a marriage license if the applicants have not
completed marriage counseling pursuant to Code Section 19-3-30.1

50.00"
SECTION 2.
Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating
to marriage generally, is amended by adding a new Code section to read as
follows:
"19-3-30.1.
In applying for a marriage license, a man and woman who certify on the
application for a marriage license that they have successfully completed a
qualifying marriage preparation program shall be charged the fee set forth
in paragraph (14) of subsection (k) of Code Section 15-9-60. In order to
qualify for this fee schedule, the couple shall have completed instruction
involving marital issues, which may include but not be limited to conflict
management, communication skills, financial responsibilities, child and
parenting responsibilities, and extended family roles. The counseling shall
be completed within 12 months prior to the application for a marriage
license. The couple may undergo the counseling together or separately. If
the counseling is completed together it shall include at least four hours
of instruction and, if done separately, each person shall have completed at
least two hours of instruction. The premarital counseling shall be
performed by:
(1) A professional counselor, social worker, or marriage and family
therapist who is licensed pursuant to Chapter 10A of Title 43;
(2) A physician who is licensed pursuant to Chapter 34 of Title 43;
(3) A psychologist who is licensed pursuant to Chapter 39 of Title 43; or
(4) An active member of the clergy when in the course of his or her service
as clergy."
SECTION 3.
Said title is further amended by striking subsection (a) of Code Section
19-3-33, relating to the application for the marriage license and its
contents, and inserting in lieu thereof the following:
"(a) A marriage license shall be issued on written application therefor,
made by the persons seeking the license, verified by oath of the
applicants. The application shall state that there is no legal impediment
to the marriage and shall give the full present name of the proposed
husband and the full present name of the proposed wife with their dates of
birth, their present addresses, and the names of the father and mother of
each, if known. If the names of the father or mother of either are unknown,
the application shall so state. The application shall state that the
persons seeking the license have or have not completed premarital
counseling pursuant to Code Section 19-3-30.1."

04    LC 29 1195
House Bill 1451
By: Representatives Bordeaux of the 125th, Stephens of the 123rd, Stokes of
the 72nd, and Fleming of the 79th
A BILL TO BE ENTITLED
AN ACT

To amend Code Section 15-9-60 of the Official Code of Georgia Annotated,
relating to probate court costs, and Chapter 3 of Title 19 of the Official
Code of Georgia Annotated, relating to marriage generally, so as to provide
for premarital counseling; to provide for financial incentive to invest in
premarital counseling; to change provisions relating to the contents of the
application for a marriage license; to provide for related matters; to
repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Code Section 15-9-60 of the Official Code of Georgia Annotated, relating to
probate court costs, is amended by striking paragraph (14) of subsection
(k) and inserting new paragraphs (14) and (14.1) to read as follows:
"(14) Application for marriage license if the applicants have completed
premarital counseling pursuant to Code Section 19-3-30.1

10.00
(14.1) Application for a marriage license if the applicants have not
completed marriage counseling pursuant to Code Section 19-3-30.1

150.00"
SECTION 2.
Chapter 3 of Title 19 of the Official Code of Georgia Annotated, relating
to marriage generally, is amended by adding a new Code section to read as
follows:
"19-3-30.1.
In applying for a marriage license, a man and woman who certify on the
application for a marriage license that they have successfully completed a
qualifying marriage preparation program shall be charged the fee set forth
in paragraph (14) of subsection (k) of Code Section 15-9-60. In order to
qualify for this fee schedule, the couple shall have completed instruction
involving marital issues, including but not limited to conflict management,
communication skills, financial responsibilities, child and parenting
responsibilities, and extended family roles. The counseling shall be
completed within nine months prior to the application for a marriage
license. The couple may undergo the counseling together or separately. If
the counseling is completed together it shall include at least four hours
of instruction and, if done separately, each person shall have completed at
least two hours of instruction. The premarital counseling shall be
performed by:
(1) A professional counselor, social worker, or marriage and family
therapist who is licensed pursuant to Chapter 10A of Title 43;
(2) A physician who is licensed pursuant to Chapter 34 of Title 43;
(3) A psychologist who is licensed pursuant to Chapter 39 of Title 43;
(4) A member of a religious ministry responsible to its established
ecclesiastical authority who possesses a master´s degree or its equivalent
in theological studies; or
(5) A person engaged in the practice of a specialty in accordance with
Biblical doctrine in a public or nonprofit agency or entity or in private
practice."
SECTION 3.
Said title is further amended by striking subsection (a) of Code Section
19-3-33, relating to the application for the marriage license and its
contents, and inserting in lieu thereof the following:
"(a) A marriage license shall be issued on written application therefor,
made by the persons seeking the license, verified by oath of the
applicants. The application shall state that there is no legal impediment
to the marriage and shall give the full present name of the proposed
husband and the full present name of the proposed wife with their dates of
birth, their present addresses, and the names of the father and mother of
each, if known. If the names of the father or mother of either are unknown,
the application shall so state. The application shall state that the
persons seeking the license have or have not completed premarital
counseling pursuant to Code Section 19-3-30.1."
--------------
John Crouch
crouch at patriot.net
http://www.divorceandestateplanning.com