Late last month, legislators in North
Carolina took an unusual step of trying to create a new two-year waiting period
before a divorce can be finalized. The decision grabbed headlines not only in
North Carolina, but also across the country with articles puzzling over the
legislature’s attempt to meddle in marriages. Beyond imposing a two-year
waiting period before a divorce is allowed to become official, Senate Bill 518
would also require that couples who are considering divorce go through marriage
counseling before a judge could officially sign off on the divorce.
The bill, known as The Healthy Marriage
Act, was crafted to help support the institution of marriage according to its
Republican supporters. The measure would replace the current one-year
separation requirement that is currently in place. The Healthy Marriage Act also
states that couples would be permitted to either live together or apart during
the waiting period, meaning that cohabitation would not be seen as a block to
divorce.
The legislation goes on to say that
before a divorce can take place, one spouse would have to submit a written
notice to the other spouse notifying them about his or her intention to file.
This would then begin the two-year countdown. During this interim period, the
couple would be required to take classes designed to improve their
communication skills and work on their conflict resolution abilities.
Thankfully, the Healthy Marriage Act does not require that the couple attend
the classes together. If the couple has children there are even more hurdles to
be cleared, including a four-hour course that discusses the impact of divorce
on children.
The backer of the legislation says that
the state’s divorce rate is already far too high and the measure is an attempt
to try and reduce the problem of marriages ending in divorce. The sponsor of
the bill says that he believes that by slowing down the process of divorce,
more couples will consider reconciliation, something that he believes is better
for everyone.
Opponents of Senate Bill 518 say that the
measure represents the height of governmental meddling in personal affairs and
that the state should stay out of marriages entirely. Others emphasize that the
attempt at strengthening families comes too late in the marriage when the
spouses are already fed up with one another. Earlier intervention and
counseling might help, but to try and save things so late in the game is often
a futile effort.
If you find yourself facing the prospect
of complicated divorce and have questions about your rights and options,
contact an experienced Ohio family law attorney who can help guide you through the
difficult process. Count on the expertise of Twinsburg family law
attorney Carol L. Stephan.
Source: “N.C. Lawmakers Propose Two-Year Waiting Period Before Divorce,” by Jacob Gershman, published at WSJ.com.
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