SENATE BILL 556

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Mark Boitano

AN ACT

RELATING TO DOMESTIC AFFAIRS; ENACTING THE PARENTAL DIVORCE REDUCTION ACT; REQUIRING EDUCATION AND A WAITING PERIOD PRIOR TO FILING A PETITION FOR DISSOLUTION OF MARRIAGE FOR PARTIES WITH MINOR CHILDREN.

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

     SECTION 1. SHORT TITLE.--This act may be cited as the "Parental Divorce Reduction Act".

     SECTION 2. PURPOSE.--The purpose of the Parental Divorce Reduction Act is to reduce unnecessary divorce, decrease parental conflict and litigation and educate couples on the impact of divorce on families.

     SECTION 3. PARENTS OF A MINOR CHILD--PETITION FOR DISSOLUTION.--Prior to commencing an action for dissolution of marriage, parties who are the parents of a minor child shall complete a divorce reduction curriculum followed by an eight-month reconciliation and reflection period, unless the verified petition for dissolution states that:

          A. a court issued an order of protection against the respondent, after the respondent had notice and an opportunity to participate in an evidentiary hearing, based on a finding that the respondent committed an act of domestic abuse against the petitioner or a minor child of either party;

          B. the respondent was convicted of a crime pursuant to the Crimes Against Household Members Act or a sexual offense as provided in Chapter 30, Article 9 NMSA 1978 against the petitioner or a minor child;

          C. the respondent was convicted of a felony and sentenced to be incarcerated for a period of five years or more;

          D. a court found the respondent to be addicted to alcohol or drugs and the respondent refuses to undergo rehabilitation; or

          E. the respondent has abandoned the petitioner and the marriage for the preceding twelve months without the petitioner's consent or any justification.

     SECTION 4. DIVORCE REDUCTION CURRICULUM--REFUSAL TO COMPLETE.--

          A. A divorce reduction curriculum shall be at least six hours in length, shall be taught by a person certified to teach the curriculum and shall include materials and discussions relating to:

                (1) the effects of divorce on minor children, including:

                     (a) depression and suicidal thoughts and attempts;

                     (b) changes in academic performance, school attendance and drop-out rates;

                     (c) drug and alcohol use; and

                     (d) other symptoms of maladjustment to divorce;

                (2) the effects of divorce on the parties, including:

                     (a) financial consequences of divorce;

                     (b) rates of divorce in subsequent marriages;

                     (c) changes in parental relationships with children; and

                     (d) changes in time spent with the children by their father after divorce; and

                (3) building relationship skills to include:

                     (a) parenting;

                     (b) communication;

                     (c) conflict resolution;

                     (d) money management; and

                     (e) overcoming infidelity.

          B. The curriculum shall include domestic violence and substance abuse information and referrals, if appropriate.

          C. The parties shall not be required to attend the divorce reduction curriculum together and may attend separate sessions.

          D. Upon completion, a certificate shall be issued by the provider of the curriculum.

          E. The requirements of the divorce reduction curriculum are met when:

                (1) both parties receive a certificate of completion; or

                (2) the petitioner receives a certificate of completion and gives the respondent at least one week's written notice of the time, place and nature of a divorce reduction curriculum program, or of its online availability and location in cases where an online program satisfies the requirements of the Parental Divorce Reduction Act, but the respondent fails to complete the divorce reduction curriculum within one month of receiving the notice.

          F. In cases where a respondent has not completed the divorce reduction curriculum as provided in Subsection E of this section, before a petition for dissolution of marriage is filed, the court shall order the respondent to complete the curriculum as soon as practicable and may impose appropriate sanctions. A respondent's refusal to complete the curriculum shall not impede the progress of an action for dissolution of marriage.

     SECTION 5. RECONCILIATION AND REFLECTION PERIOD--

NOTICE.--

          A. An eight-month reconciliation and reflection period begins once the divorce reduction curriculum requirements are completed.

          B. During the reconciliation and reflection period, either party may give notice to the other in writing that the party intends to proceed with a dissolution of marriage. A petition for dissolution of marriage shall not be filed until eight months after the notice is given.

     SECTION 6. CURRICULA DEVELOPMENT.--Divorce reduction curricula shall be approved by the secretary of human services. Curriculum development shall include consultation with domestic violence organizations and experts.

     SECTION 7. ONLINE PROGRAM.--The secretary of human services shall approve at least one online divorce reduction curriculum program that meets the requirements set forth in the Parental Divorce Reduction Act for persons who live in counties where an in-person curriculum is not regularly offered. If no online program has been approved by the secretary, the divorce reduction curriculum shall be waived for persons who live in counties where the curriculum is not regularly offered, and those persons may begin the reconciliation and reflection period and give written notice as provided in Section 5 of the Parental Divorce Reduction Act.

      SECTION 8. COSTS--WAIVER.--

          A. The parties are responsible for the cost of participating in the divorce reduction curriculum.

          B. A divorce reduction curriculum provider shall use a fee schedule that accommodates families of various financial means. The court shall waive the curriculum fee for indigent parties upon request.

          C. The secretary of human services may provide for grants from temporary assistance for needy families funds to assist needy families to pay for divorce reduction curriculum.

     SECTION 9. EFFECTIVE DATE.--

          A. The effective date of the provisions of Sections 6 and 7 of this act is July 1, 2011.

          B. The effective date of the provisions of Sections 1 through 5 and 8 of this act is January 1, 2012.

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