Alabama House Bill 374 with amendment

7/27/2019 Alabama House Bill 374 with amendment

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Alabama House Bill 374

146840- 4

By Repr esent at i ve Bi l l Pool e

Ref er r ed t o House J udi ci ar y Commi t t ee

Fi r st Read: 30- J AN- 14

Thi r d r eadi ng on Day 14 f avorabl e f r om

J udi ci ar y wi t h 1 amendment , at t ached



146840-4:n:01/27/2014:JET/tan LRS2012-6004R31

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SYNOPSIS: Under existing law, there is no requirement8

for married couples with minor children to complete9

a marriage dissolution education program prior to10

filing a pleading in a divorce action.11

This bill would require married couples with12

minor children to complete a marriage dissolution13

education program prior to serving a petition,14

counterpetition, or answer in a divorce or15

separation action.16

This bill would establish the program17

requirements and who is responsible for costs18

associated with attending the program.19

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A BILL21

TO BE ENTITLED22

AN ACT23

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To require married couples with minor children to25

complete a marriage dissolution education program prior to26

filing a pleading in a divorce action; to establish marital27

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dissolution education program requirements; and to provide for1

payment of costs.2

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:3

Section 1. (a) This section only applies to divorce4

and separation proceedings of couples with minor children. For5

the purposes of this section, "minor children" shall mean6

biological or adoptive children 16 years of age and under.7

(b)(1) The circuit court clerk shall not accept a8

petition, joint petition, marital termination agreement, or9

stipulated judgment and decree unless it is accompanied by a10

certificate satisfying the requirements in subsection (c)11

stating that the filing party has, or in the case of a joint12

petition, marital termination agreement, or stipulated13

judgment and decree, both parties have, completed a four-hour14

marriage dissolution education program as provided in this15

section within 120 days prior to filing.16

(2) The respondent shall certify completion of the17

marriage dissolution education program within 120 days from18

the date of service of the petition. The judge, at his or her19

discretion, may waive the requirement of completing the20

education program.21

(c) The party shall submit a certificate provided by22

the marriage dissolution education program verifying23

completion of the program. The certificate shall be titled24

"Certificate of Completion of Education Requirement," or be25

similarly titled, and contain the following or substantially26

similar language:27

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"This certifies that _________________ (party's1

name) has successfully completed the course _____________2

(course name), which qualifies as a marriage dissolution3

education program in accordance with, Section ____, Code of4

Alabama 1975."5

(d) The requirements of subsection (b) may be6

waived, at the sole discretion of the judge, if a party7

includes an accompanying certificate verifying that it is not8

reasonably possible for the party to complete the program. The9

certificate shall be titled "Certificate of Impossibility of10

Education Requirement" and consist of the following language:11

"I certify that it is not reasonably possible for me12

to complete the parent marriage dissolution education program13

for the following reason (check box that applies):14

"( ) I cannot speak or read the languages in which15

qualifying programs are offered.16

"( ) I do not have access to a course in my17

geographical region or to a personal or library computer18

connected to the Internet.19

"( ) My spouse's behavior towards me or the children20

makes it dangerous for me to co-parent at this time.21

"( ) I am experiencing an emergency that requires me22

to file before I complete the program. The emergency is:23

________________________________________24

"( ) Other25

(explain)_____________________________________.26

"Print Name _______________________27

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"Signature _________________________ Date _______"1

(e)(1) A marriage dissolution program may be2

face-to-face or online, provided that the program meets the3

criteria provided in this subsection. The court shall not4

require the parties to attend the same education session.5

(2) A marriage dissolution education program shall6

be supervised or designed by professional family life7

educators or licensed mental health professionals to provide8

research-informed content described in subdivision (3),9

consistent with evidence-based programs that have met10

acceptable standards of scientific evidence for effectiveness11

in reducing co-parental conflict and improving the adjustment12

of children in divorce situations. Programs may be required by13

the referring judge to provide evidence of alignment of14

program content with the evidence-based programs outlined in15

subdivision (3). Each local jurisdiction shall establish and16

maintain a list of approved marriage dissolution education17

program classes which meet the requirements provided in this18

section. Programs providing parent education services in this19

state as of January 1, 2014, are eligible to continue20

providing such services for two years after the effective date21

of this act, providing the programs satisfy or are working to22

satisfy the criteria of this subsection by December 31, 2015.23

(3) The program shall provide all of the following:24

a. Information on constructive parenting during the25

dissolution process, including, but not limited to, risk26

factors for families, how marriage dissolution affects27

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children of different ages, and skills parents can learn to1

increase cooperation and diminish conflict after the2

dissolution is concluded, particularly conflict that involves3

children in loyalty binds. This component of the program must4

be aimed at increasing the parents' sensitivity to children's5

needs and at giving parents skills to improve their own and6

their children's adjustment to the breakup of the family.7

There must be information to help parents assess whether they8

are involved in domestic violence, information on local9

domestic violence resources, and information on situations10

when cooperation in co-parenting may not be possible because11

of safety risks. The requirements in this paragraph shall be12

the primary emphasis of the course and shall constitute at13

least 75 percent of the program time.14

b. Information on the legal process constituting at15

least five percent of the program time, including, but not16

limited to, all of the following:17

1. An overview of the adversarial litigation18

process.19

2. The nature and availability of alternative20

processes such as mediation.21

3. The advantages and disadvantages of alternative22

processes, including research on the satisfaction levels,23

reduced conflict, and better parenting cooperation by parties24

who avoid adversarial proceedings.25

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c. Information on the option of reconciliation1

constituting at least five percent of the program time2

including, but not limited to, all of the following:3

1. Research on reconciliation interests among4

couples considering marriage dissolution.5

2. The potential benefits of avoiding marriage6

dissolution.7

3. Resources to assist with reconciliation for8

interested couples.9

4. Information on when the risk of domestic violence10

should exclude present consideration of reconciliation.11

(f) Costs associated with participating in an12

approved program under this section shall be paid by each13

individual participating in the program. Individuals making14

less than 200 percent of the federal poverty guidelines, or15

who are entitled to proceed in forma pauperis under state law,16

shall receive a waiver of the fee for the program. Each17

approved program shall collect the fees associated with the18

course and determine the eligibility of participants19

requesting fee waivers. The education program is responsible20

for determining if an individual shall receive a fee waiver.21

The cost of an approved four-hour parent education program22

mandated by this section shall not exceed seventy-five dollars23

($75).24

(g) This section shall only apply to proceedings in25

which the initial pleading is filed on or after the effective26

date of this act.27

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Section 2. This act shall become effective on1

January 1, 2015.2

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1 158324-3 : n : 02/12/2014 : Judiciary / ajh

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3 HOUSE JUDICIARY COMMITTEE AMENDMENT TO HB374

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8 On page 2, delete line 7 in its entirety and insert

9 in lieu thereof the following:

10 biological children born of the marriage who are 16

11 years of age and under, or adoptive children adopted during

12 the marriage who are 16 years of age and under.

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14 On page 2, line 9, delete "or"

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16 On page 2, line 10, delete "decree" and insert in

17 lieu thereof the following:

18 decree, or the corresponding filing fees

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20 On page 2, line 10, after "accompanied" insert the

21 following:

22 either

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24 On page 2, line 16, after "filing" insert the

25 following:

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1 , or by a Certificate of Impossibility of Education

2 Requirement as provided in subsection (d)

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4 On page 2, line 19, after "petition" insert the

5 following:

6 by filing a certificate satisfying the requirements

7 in subsection (c)

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9 On page 3, line 4, delete the comma following "with"

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11 On page 3, line 6, after "(d)" insert the following:

12 (1)

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14 On page 4, after line 1, insert the following

15 subdivision (2):

16 (2) If the judge denies a waiver under subdivision

17 (1), the party shall complete a marriage dissolution education

18 program and certify completion of the program by filing a

19 certificate satisfying the requirements of subsection (c)

20 within 45 days of entry of the order denying the waiver.

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22 On page 4, line 7, after "by" insert the following:

23 a

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1 On page 4, line 8, delete "educators or licensed

2 mental health professionals" and insert in lieu thereof the

3 following:

4 educator

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6 On page 4, line 16, delete "Each local jurisdiction"

7 and insert in lieu thereof the following:

8 The presiding judge of each judicial circuit

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Alabama House Bill 374 with amendment

Documents

Transcript of Alabama House Bill 374 with amendment