Posted on 08/17/2006 2:40:29 PM PDT by Responsibility2nd
How To Improve State Laws for Marriage and Divorce by Michael J. McManus
One widely sought reform is not working -- a Covenant Marriage Law that gives couples the option of waiving their rights to No Fault Divorce, and requires more marriage preparation and counseling by a couple considering a divorce, plus a two year period of separation. In the three states with Covenant Marriage Laws, Louisiana, Arizona and Arkansas, less than 2%^ of couples are choosing Covenant Marriages. In Arkansas, where Gov. Mike Huckabee really promoted Covenant Marriages, there have only been 1,000 of them out of more than 120,000 marriages. A 1% improvement is not worth the energy needed to pass a law.
What is worth pursuing? I have four suggestions:
1. Minnesota now has a law which reduced the price of a marrige licence from $100 to $20, if the couples gets 12 hours of marriage preparation and takes a premarital inventory. The percentage of couples getting that much preparation is increasing as a result, from about 24% the first year to 33% in the third year. For details talk to Dr. Bill Doherty, 651 636-5723.
2. Another option being considered by Ohio is the same as above, but there is a requirement for the couple to get the 12 hours of training and taking an inventory if they want to get married in the state. Obviously, the mandatory nature of this makes it more difficult to sell than the voluntary option above, but you may prefer to go for the storner bill and compromise back to the voluntary approach.
3. Another option, which has been passed in Ohio, set aside 1% of TANF (Temporary Assistance to Needy Families) federal funding for welfare to promote marriage. There are three reasons to consider this step:
a. A major reason mothers and children go on welfare is due to the failure of marriage; one study several years ago by HHS estimated 52% of recepients were of failed marriage. Clearly, if more marriages were helped to succeed, there would be fewer divorces and separations that cost government an average of $30,000 each.
b. The federal welfare reform law states three goals that relate to marriage:
"1. Reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for decreased incidence of these pregnancies.
"2. Encourage the formation and maintenance of two-parent families.
"3. End the dependence of needy parents on government benefits by promoting job preparation, work and marriage."
Yet only $20 million of $100 billion that has been appropriated has been spent by the states to promote the preparation, enrichmetn or restoration of marrigaes, a tiny .002 %.
3. The welfare rolls have been slashed by more than 50%, yet federal funds coming to each state have NOT decreased, despite the decreased need Therefore, there are surplus welfare funds which could be set aside to promote marriage, and Ohio voted in 2005 to set aside $12 million, or 1% of its $1.2 billion federal allocation. More than 1,000 people participated in Ohio's briefings held to help communities consider how marriage might be promoted. Applications were made and the first grants will be awarded April 15. The amount set aside could be 5%. At present, the surplus is being used simply to subsidize state budgets, with no relation to marriage.
4. Reform No Fault Divorce with Mutual Consent Divorce. At present one spouse can unilaterally divorce the other person by simply declaring that the couple i s incompatible, even though teh other spouse disagrees, and though the impact of divorce might be devastating for eveyone concerned, especially the children. Studies show that if couples in the worst marriages, hang on, remaining faithful to their vows -- that more than 80% say they have a good marriage five years later. The reform drafted by N.M. State Sen. Mark Boitano would allow a divorce for the statndard grounds of fault, such as adultery, desertion, or physical abuse. However, if No Fault is alleged, a divorce could be initiated by either party if the couple has no children, since the harm is more modest in such cases. But the state has an interest in the future of children, who are best reared by their own mother and father, the couple would waive the right to No Fault divorce if they have children or the woman is pregnant. In that case, divorce for incompatibility could be granted only by "Mutual Consent." The result would be positive in three respects:
1. Fewer couples with children would divorce, and would work harder at their marriages in most cases, benefitting everyone involved, particularly the innocent children.
2. Those divorces which are granted would be fairer to the parties involved, because a process of negotiation would have to take place before the divorce is filed. There would be better visitation rules, more spousal support, and perhaps a prohibition of moving out of state.
3. The Boitano law would require at least six hours of counseling before even a Mutual Consent divorce is granted, or the attendance by the couple at a seminar -- either of which could save some marriages. The weekend retreat, "Retrouvaille," saves four out of five marriages, for example.
The language of the Boitano bill would add a limitation to the declaration of incompatibility as follows:
Unless there is mutual consent based on both parties agreeing that incompatibility exists or the district court finds that domesitc abuse, as provided in the Family Violence Protection Act, has occurred and has entered an order of protection pursuant to the provisions of that act, a district could shal lnot degree a dissolution of marriage on the grounds of incompatibility if:
1) the wife is pregnant; or 2) the couple has ever had a child.
Prior to entering a dissolution of marriage decree in an action for divorce in which a minor child is in the custody of one or both of the parties, the court shall require that the parties attend no less than six hours of counseling or a marriage seminar of at least six hours' duration. The counseling shll be in no less than three separate sessions and shall be conducted by one or more of the following:
1) a licensed marriage and family therapist...psychiatrist or psychologist... professional clinical mental health counselor, independent social worker or an official representative of a religious institution or his designee.
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