SB319 Alabama 2010 Session

Summary

Primary Sponsor

Henry Eugene “Hank” Erwin Jr.

Republican

Session

Regular Session 2010

Title

Divorce, waiting period for final judgment when minor children, when domestic violence, submission of family plan, rights of noncustodial parent, legislative intent for marriage reconciliation, Sec. 30-2-8.1 am'd.

Summary

SB319 would lengthen waiting periods for divorce, require a family plan for child-related cases, and protect certain rights of noncustodial parents.

What This Bill Does

It sets a 365-day waiting period before finalizing a divorce if there are minor children, and an 180-day waiting period if there are no minor children or if domestic violence or child abuse is found. The party requesting the divorce must submit a family plan regarding any child born to the marriage. It also guarantees specific rights for noncustodial parents to communicate with and obtain information about the child, unless the parent has been convicted of domestic violence or child abuse. Temporary orders can be issued during the waiting period, with a preference for a jointly agreed temporary family plan when minor children are involved.

Who It Affects

• Parents filing for divorce, especially those with minor children, who would face longer waiting periods and must submit a family plan.
• Noncustodial parents (parents without physical custody) who gain defined rights to contact and information about the child, unless they have a DV or child abuse conviction.

Key Provisions

• A 365-day waiting period before final divorce judgment if there are minor children from the marriage.
• An 180-day waiting period before final divorce judgment if there are no minor children or if the court finds domestic violence or child abuse by clear and convincing evidence.
• A requirement that the party requesting divorce submit a temporary family plan regarding any child born to the marriage.
• Rights for noncustodial parents to telephone conversations with each child at least twice a week, to send mail or email to each child, to receive timely notices of hospitalization/major illness/death, and to access school and medical records, with specific conditions and costs where applicable.
• Temporary orders during the waiting period (custody, support, visitation, occupancy, restraining orders) and a process to adopt or deviate from a temporary family plan, including preferences for joint plans and least restrictive options if plans are not submitted.
• Effective date: the act becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law