Friday, April 12, 2013

North Carolina General Assembly Tries To Slow Down Divorce Process


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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