05 SB25/CSFA/2
Senate
Bill 25
By:
Senators Seabaugh of the 28th, Harp of the 29th, Schaefer of the 50th, Hill of
the 32nd, Pearson of the 51st and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating
to divorce, so as to require certain divorcing parents to participate in
education classes that focus on the effect of divorce and separation on
children; to provide for legislative findings; to provide for the types of
persons who can provide the education; to provide for exceptions to the
education classes; to change certain provisions relating to the time limit for
granting a divorce on the ground that the marriage is irretrievably broken; to
provide for different time frames for granting divorce based on certain
circumstances; to provide for related matters; to provide for an effective date
and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, is
amended by striking subsection (a) of Code Section 19-5-1, relating to granting
total divorces and referral for alternative dispute resolution, and inserting in
lieu thereof the following:
"(a)
Total divorces may be granted in proper cases by the superior
court;
provided, however, that the parties shall comply with Code Section 19-5-1.1 if
it is applicable. Unless an issuable
defense is filed as provided by law and a jury trial is demanded in writing by
either party on or before the call of the case for trial, in all petitions for
divorce and permanent alimony the judge shall hear and determine all issues of
law and of fact and any other issues raised in the
pleadings."
SECTION
2.
Said
chapter is further amended by inserting a new Code section to read as
follows:
"19-5-1.1.
(a)
The General Assembly finds that children are the innocent victims of legal
separation and divorce and that, when two parties separate or divorce, there is
a devastating impact on their children who have had no voice in the decision to
disrupt the family. Oftentimes, these children of divorce are negatively
affected academically, socially, emotionally, and psychologically as a result of
the stress and trauma placed on the family by the separation or divorce and by
the associated discord between their parents occasioned by the process. The
General Assembly finds that severe emotional trauma to the children can have
short-term and long-term negative effects on these children. The General
Assembly further finds that parents pursuing legal separation and divorce may be
oblivious to or attempt to deny the harm they cause their children through the
separation or divorce process. The General Assembly finds that education may
benefit parties considering legal separation or divorce by educating them about
the short-term and long-term negative effects that such a decision may have on
their children. Accordingly, the General Assembly determines and declares that
it is in the best interests of the children, families, and citizens of the State
of Georgia to require that, in most cases, parties to a legal separation or
divorce proceeding filed pursuant to this chapter or Chapter 6 of this title who
have children younger than 18 years of age or who are expecting a child
undertake, within 30 days of the filing of the answer to the petition, education
classes focusing on the current and future potential negative impact on children
of separation or divorce.
(b)(1)
Except as otherwise provided in subsection (d) of this Code section, in
proceedings pursuant to this chapter in which there are dependent children of
the marriage who are younger than 18 years of age or in which the wife is
pregnant, the court shall order the parties seeking legal separation or divorce
to participate in education classes of their choice, focusing substantially on
the potential impact of separation or divorce on children.
(2)
The parties shall commence such education classes within 30 days after the
filing of the answer to the petition for legal separation or
divorce.
(3)
The education classes shall be provided to parties in each judicial circuit by
one or more of the following:
(A)
A marriage and family therapist, social worker, or professional counselor
licensed pursuant to Chapter 10A of Title 43 or psychologist licensed pursuant
to Chapter 39 of Title 43;
(B)
An unlicenced therapist acting under the supervision of a licensed marriage and
family therapist, licensed psychologist, licensed social worker, or licensed
professional counselor;
(C)
A qualified member of the clergy; or
(D)
A qualified person acting under the supervision of a member of the
clergy.
(4)
Persons providing the education classes may use the curriculum developed by the
Georgia Board of Professional Counselors, Social Workers, and Marriage and
Family Therapists or such other curriculum that focuses specially on the impact
of legal separation and divorce on children.
(5)
The education classes shall commence within 30 days after the filing of the
answer to the petition for legal separation or divorce and shall consist of a
minium total of four hours after the filing of the answer to the petition,
unless the parties reconcile prior to completion of the education classes.
Counseling in which the parties have participated at any time within six months
prior to the filing of the answer to the petition shall also count toward the
hourly requirements set forth in this paragraph, if such counseling focused
substantially on the potential impact on children of separation or divorce. The
parties may elect to participate in the education classes together or
separately. Whether the parties participate in the education classes together or
separately, each party shall participate for a total of four hours.
(6)
After a party has successfully completed the education classes, the person
providing the education classes shall provide the participating party with a
certificate of completion or a letter of verification or some other written
documentation indicating successful completion of the education classes. The
person providing education classes shall also provide to the party a list of
resources for mental health counseling, marital counseling, child counseling,
and other support services that may be available in the community to the party
and the
partýs
children.
(7)
The court shall either provide payment for indigent parties to complete the
education classes required by this Code section or shall waive such
requirement.
(c)
The parties may elect to attend the education classes together unless one of the
following circumstances exist:
(1)
A protective order has been issued against one of the parties pursuant to
Article 1 of Chapter 13 of this title;
(2)
There have been allegations of violence within the marriage; or
(3)
One of the parties prefers to attend the education class without his or her
spouse.
(d)
The court shall not require the education classes prescribed in subsection (b)
of this Code section if:
(1)
Service of process was satisfied by publication and the whereabouts of one of
the parties cannot be determined;
(2)
One of the parties to the marriage at the time of the action is serving a
sentence in the Department of Corrections;
(3)
The youngest child of the parties is within six months of his or her eighteenth
birthday;
(4)
One of the parties to the proceeding does not live in this state;
or
(5)
The parties have been living separate and apart for more than five
years.
(e)
If the petition for legal separation or divorce is not dismissed, the costs, if
any, associated with the education classes required by subsection (b) of this
Code section shall be paid by the participating parties in accordance with each
partýs
ability to pay, as the court deems
appropriate."
SECTION
3.
Said
chapter is further amended by striking paragraph (13) of Code Section 19-5-3,
relating to grounds for divorce, and inserting in lieu thereof the
following:
"(13)
The marriage is irretrievably broken. Under no circumstances shall the court
grant a divorce on this ground until not less than 30 days from the date of
service on the respondent
and as further
provided in Code Section
19-5-3.1."
SECTION
4.
Said
chapter is further amended by inserting a new Code section to follow Code
Section 19-5-3, relating to grounds for divorce, to read as
follows:
"19-5-3.1.
(a)
Except as provided in subsection (c) of this Code section, a court shall grant a
divorce only after 120 days from the date of service on the respondent where the
parties do not have children who are 18 years of age or younger.
(b)
Except as provided in subsection (c) of this Code section, a court shall grant a
divorce only after 180 days from the date of service on the respondent where the
parties have children who are younger than 18 years of age.
(c)
The waiting periods provided by this Code section shall be waived where either
party has obtained a protective order pursuant to Article 1 of Chapter 13 of
this title or where either party submits a confidential affidavit to the court
for in camera inspection, a verified petition, a verified answer, or a verified
responsive pleading, which alleges specific facts establishing probable cause
that family violence as defined by Code Section 19-13-1 has occurred in the
past."
SECTION
4.1.
This
Act shall become effective on July 1, 2005. This Act shall apply only to causes
of action arising on or after July 1, 2005. Any cause of action arising prior to
that date shall continue to be governed by the laws in effect at the time such
cause of action arose.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.