HB393 Alabama 2011 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Co-Sponsors

Darrio MeltonDavid ColstonJohn MerrillRod ScottMary Sue McClurkinRichard J. LairdPhil WilliamsDuwayne BridgesJay LoveRandy DavisJohnny Mack MorrowMary MooreOliver RobinsonDexter Grimsley

Session

Regular Session 2011

Title

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

Summary

HB393 would delay divorce final judgments, require a family plan and counseling, and protect noncustodial parent rights while encouraging reconciliation.

What This Bill Does

If minor children exist, the final divorce judgment would wait 365 days after filing, contingent on completing prescribed marital counseling. If no minor children exist or if there is domestic violence or child abuse proven by clear and convincing evidence, the waiting period drops to 180 days. The party filing for divorce must submit a family plan for any child, and the noncustodial parent would have listed rights unless convicted of domestic violence or child abuse; during the waiting period, the parties must complete at least 10 one-hour marital counseling sessions, with at least four sessions focusing on post-marital financial planning. Courts can issue temporary orders during the waiting period for issues like custody and support.

Who It Affects

• Parents filing for divorce with minor children: face a 365-day waiting period and must complete marital counseling plus a family plan.
• Parents filing for divorce with no minor children or where domestic violence or child abuse is proven: face an 180-day waiting period and must complete counseling; if applicable, the court may still issue temporary orders.
• Noncustodial parents: maintain certain rights (communication and information access) unless they have been convicted of domestic violence or child abuse.

Key Provisions

• Waiting period of 365 days before final divorce judgment if there are minor children, after counseling certification is filed, unless a party cannot or willfully fails to attend counseling.
• Waiting period of 180 days before final divorce judgment if there are no minor children or if there is domestic violence or child abuse proven by clear and convincing evidence.
• Party seeking divorce must submit a family plan regarding any child born to the marriage; plan includes custody, residence, financial support, and other arrangements; preference given to jointly agreed plans.
• Noncustodial parent's rights to communicate with and receive information about the child, unless the parent has a domestic violence or child abuse conviction.
• Within the waiting period, both parties must participate in at least 10 one-hour marital counseling sessions, including at least four sessions focused on post-marital financial planning; each party bears their own costs unless the court finds financial hardship.
• Temporary orders may be issued during the waiting period for matters like custody, support, visitation, and residence.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law