HB310 Alabama 2012 Session

Summary

Primary Sponsor

Chris EnglandRepresentative

Democrat

Co-Sponsors

David ColstonDarrio Melton

Session

Regular Session 2012

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

HB310 would extend divorce waiting periods for cases with minor children, require parenting education and family plans, expand noncustodial parents' rights, and allow expedited divorce in cases of domestic violence or child abuse.

What This Bill Does

If there are minor children, the final divorce judgment must wait 180 days after filing and the parties must complete court-approved parenting education; if there are no minor children, the wait is 90 days. In cases of domestic violence or child abuse, the court can enter a final divorce earlier than 30 days if clear and convincing evidence is shown, or after 30 days under certain conditions. The bill requires a temporary family plan during the waiting period and requires parenting education from approved providers, with a minimum number of hours; it also gives noncustodial parents specific rights to communication and access to information about their child. Costs for the education classes and related resources are to be paid by the participating parties, with possible waivers for indigent parties.

Who It Affects

• Parents who are divorcing and have minor children would face an 180-day waiting period, must submit a temporary family plan, and must complete parenting education.
• Parents who are divorcing with no minor children would face a 90-day waiting period; noncustodial parents would gain defined rights to communicate with and obtain information about their child.

Key Provisions

• 180-day waiting period before final divorce judgment for cases with minor children, after filing and after completion of required parenting education.
• 90-day waiting period before final divorce judgment for cases with no minor children.
• Expedited final judgment in cases of domestic violence or child abuse (less than 30 days, or after 30 days with conditions).
• Temporary family plan required for minor children, detailing custody, residence, financial responsibility, spousal/child support, parenting time, transportation, school and church attendance, holidays, and medical/dental insurance; joint plans preferred; plan cannot place parties or children in imminent danger; if one party refuses to submit, the other party's plan can prevail; if both refuse, the court adopts the least restrictive plan.
• Party requesting divorce must submit a family plan for any child born to the marriage.
• Rights of noncustodial parents include unimpeded telephone conversations, mail/email, timely notices of hospitalization/illness/death, access to school and medical records, and notice of extracurricular activities.
• Temporary orders may address immediate matters like custody, support, visitation, residence, or restraining orders while waiting periods apply.
• Parenting education must be provided by approved providers (therapists, physicians, clergy, or online courses); each party must complete a minimum of three hours, with certificates issued on completion; prior relevant education within six months can count toward requirements.
• Costs of the education classes are paid by the participating parties per circuit cost schedules, with potential indigent waivers or exemptions; good cause may justify waivers.
• Effective date: the act becomes law on the first day of the third month after governor approval, and conflicting laws are repealed.

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