SB492 Alabama 2012 Session

Summary

Primary Sponsor

Jerry L. Fielding

Republican

Session

Regular Session 2012

Title

Marriage dissolution education programs, participation is required for certain parties in marital dissolution actions with minor children; program requirements established, indigency

Summary

Requires married couples with minor children to complete a four-hour marriage dissolution education program before filing for divorce or separation, with certificates and possible fee waivers.

What This Bill Does

The bill requires couples with minor children to finish a four-hour education program within 120 days before filing for divorce or separation and submit a completion certificate. The program can be in person or online and must meet criteria, including content on parenting, legal processes, and reconciliation. It sets who pays for the program, allows fee waivers for low-income individuals, and gives judges the option to waive the requirement in certain situations. The rule applies to filings served on or after January 1, 2013.

Who It Affects

• Married couples with minor children who are filing for divorce or separation; they must complete the program and provide a completion certificate, with potential waivers or judicial discretion to exempt in certain cases.
• Participants with low income or access barriers who may qualify for fee waivers; the program caps costs at $100 and allows waivers for those under 200% of the federal poverty guidelines or those proceeding in forma pauperis.

Key Provisions

• Applies to divorce and separation actions for couples with minor children (18 and under, including biological, adoptive, and stepchildren).
• A filing (petition, joint petition, termination agreement, or stipulated judgment) must be accompanied by a certificate showing completion of the four-hour education program within 120 days prior to filing; respondents must certify completion within 120 days from service, with a judge's discretion to waive.
• Certificates must be titled accordingly and contain specific completion language; a judge can waive the requirement if it is not reasonably possible to complete the program, using a standardized waiver certificate with stated reasons.
• Programs may be face-to-face or online, and local jurisdictions must maintain a list of approved programs; existing programs can continue for up to two years after the act's effective date if they meet criteria.
• Program content requirements include: at least 75% of time on constructive parenting and reducing conflict for children's adjustment and safety (including domestic violence resources); at least 5% on the legal process (overview of litigation, alternatives like mediation); at least 5% on reconciliation (benefits, resources, and when reconciliation is not safe).
• Cost requirements: each participant pays a fee up to $100 for a four-hour program; waivers available for those under 200% of the federal poverty guidelines or in forma pauperis; the program determines eligibility for waivers.
• Effective date: applies to proceedings where the initial pleading is served on or after January 1, 2013.

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