HB393 Alabama 2011 Session

Summary

Primary Sponsor

Chris England Representative

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.

Description

Under existing law, a court can enter a final judgment of divorce 30 days from the date of the filing of the summons and complaint.

This bill would require a waiting period of 365 days before a final judgment of divorce could be entered if there are minor children resulting from the marriage of the parties to the divorce.

This bill would require a waiting period of 180 days before a final judgment of divorce could be entered if there are no minor children of the marriage or if the court finds by clear and convincing evidence that there is domestic violence or child abuse.

This bill would require the party requesting a divorce to submit a family plan regarding any child born to the marriage.

This bill would provide for the rights of a parent who does not have physical custody of a child born to the marriage unless the parent has been convicted of domestic violence or child abuse.

This bill would require a waiting period of 180 days before a final judgment of divorce could be entered where there are no minor children resulting from the marriage of the parties to the divorce if the court finds that one or both of the parties has committed domestic violence or child abuse.

This bill would require, within the 12-month waiting period, the adult parties to a divorce to participate jointly or separately in a minimum number of marital counseling sessions.

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Subjects

Family Law