SENATE BILL 1042

47th legislature - STATE OF NEW MEXICO - first session, 2005

INTRODUCED BY

William E. Sharer

AN ACT

RELATING TO DOMESTIC AFFAIRS; REQUIRING PARTIES TO COMPLETE A PARENT EDUCATION COURSE IF PETITIONING THE COURT FOR DISSOLUTION OF A MARRIAGE ON THE GROUNDS OF INCOMPATIBILITY IN WHICH MINOR CHILDREN ARE INVOLVED.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. Section 40-4-1 NMSA 1978 (being Laws 1973, Chapter 319, Section 1) is amended to read:

     "40-4-1. DISSOLUTION OF MARRIAGE.--

          A. On the petition of either party to a marriage, a district court may decree a dissolution of marriage on any of the following grounds:

                [A.] (1) incompatibility;

                [B.] (2) cruel and inhuman treatment;

                [C.] (3) adultery; or

                [D.] (4) abandonment.

          B. In a proceeding for dissolution of marriage on the grounds of incompatibility in which minor children are involved, prior to issuance of a decree by the district court, each party shall complete an eight-hour course for the purpose of educating the parties on the impact of divorce on children, parenting issues for divorced parents, cooperative parenting, financial and parental responsibilities and dispute resolution.           C. The content of the parent education course shall be determined by the children, youth and families department. The department shall review comparable courses in other states in determining course content. The course instructor shall be either a licensed psychiatrist, licensed psychologist, licensed marriage and family therapist, licensed independent social worker, licensed professional clinical mental health counselor or an official representative of a religious institution or his designee. Individuals seeking to become a parent education course instructor shall be approved by the department. Each approved individual shall enter into an agreement with the department that provides a fee schedule for course attendees and that provides that the fees generated will pay for the instructor's costs of providing the course. The course may be offered in more than one format. Information on the parent education course, approved instructors and course availability within each judicial district shall be provided to each district court. Updated information shall be provided as needed. The department may consult with the district court clerks in each judicial district regarding course locations and availability.

           D. Each party attending a parent education course shall pay a fee directly to the course instructor. No party shall be refused admission to the course due to inability to pay. The children, youth and families department shall reimburse course instructors for unpaid fees not received due to a party's inability to pay."

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