116594-2:n:01/20/2010:LLR/th LRS2010-385R1
| SYNOPSIS: | 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. |
To amend Section 30-2-8.1, Code of Alabama 1975, relating to divorce; to provide legislative findings; to require a 365-day waiting period before a final judgment of divorce could be entered if there are minor children resulting from the marriage of the parties to the divorce; to 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; to require the party requesting a divorce to submit a family plan regarding any child born to the marriage; and to provide for the rights of the 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.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature finds each of the following:
(1) Social science has shown that children of single parent families are twice as likely to drop out of school, three times as likely to become pregnant as a teenager, six times more likely to be in poverty, and 12 times more likely to be incarcerated.
(2) Alabama has one of the highest divorce rates in the United States and the people that suffer the most from divorce are the minor children. The purpose of this act is to encourage reconciliation and less divorce.
Section 2. Section 30-2-8.1, Code of Alabama 1975, is amended to read as follows:§30-2-8.1.
"(a)(1) A court shall not enter a final judgment of divorce until after the expiration of 30 days from the date of the filing of the summons and complaint. Except as provided in subdivision (2), if a court finds there are minor children of the marriage, the court may not enter a final judgment of divorce until after the expiration of 365 days from the date of the filing of the summons and complaint.
"(2) A court may enter a final judgment of divorce after the expiration of 180 days from the date of the filing of the summons and complaint if:
"a. There are no minor children of the marriage.
"b. There are minor children of the marriage but the court finds by clear and convincing evidence there is domestic violence or child abuse.
"(b) This section shall not restrict the power of the court to enter any temporary orders necessary prior to the expiration of the waiting period. The temporary orders may include, but shall not be limited to, temporary orders on custody, spousal or child support, visitation, exclusive occupancy of the marital residence, or restraining the parties. When minor children are the product of the marriage, the court shall refer to subsections (c) and (d).
"(c) The court shall require a temporary family plan to be submitted to the court by the parties requesting a divorce where minor children are the product of the marriage. A plan may be submitted by either party or a joint plan agreed upon by both parties. The plan shall include, but not be limited to, occupancy of the marital residence, financial responsibility of marital residence, spousal support for the minor children, child support, parenting time, transportation, school and church to attend, holiday schedule, and medical and dental insurance. The court shall give preference to any joint agreed upon temporary family plan submitted by the parties. The court may not deviate from a joint plan agreed to by the parties unless by the clear and convincing evidence standard, the plan places either party or the minor children in imminent danger. If one party willfully refuses to submit a plan, the plan submitted by the other party shall have preference. If both parties willfully refuse to submit a plan, the court shall enter a plan using the least restrictive means available.
"(d) The following are the rights of a parent where a child is not in the physical care of that parent unless that parent has been convicted by a court of proper jurisdiction of domestic violence or child abuse:
"(1) The right to unimpeded telephone conversations with each child at least twice a week.
"(2) The right to send mail or email to each child, which the other parent will not open or censor.
"(3) The right to receive notice and relevant information as soon as practical but within 24 hours of any event of hospitalization, major illness, or death of each child.
"(4) The right to receive directly from the school of each child, upon written request which includes a current mailing address, copies of each report card, attendance of each child, records, names of teachers, class schedules, standardized test scores, and any other records customarily made available to parents.
"(5) The right to receive, directly from each child's physician and other health care providers, copies of each child's medical records, provided that a written request is made to the provider with a current mailing address and payment for reasonable cost of duplicating and mailing records.
"(6) The right to be notified as soon as practicable but within 24 hours in advance of any extracurricular activities in which each child is participating."
Section 3. All laws or parts of laws which conflict with this act are repealed.
Section 4. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.