0001| SENATE BILL 1182
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MARK L. BOITANO
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO DOMESTIC AFFAIRS; REQUIRING PREMARITAL EDUCATION
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0012| AND COUNSELING; LIMITING RELIANCE ON INCOMPATIBILITY AS A
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0013| GROUNDS FOR DISSOLUTION OF MARRIAGE; REQUIRING PRE-DIVORCE
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0014| COUNSELING UNDER CERTAIN CONDITIONS; AMENDING AND ENACTING
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0015| SECTIONS OF THE NMSA 1978.
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0016|
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0017| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0018| Section 1. Section 40-1-10 NMSA 1978 (being Laws 1905,
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0019| Chapter 65, Section 1, as amended) is amended to read:
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0020| "40-1-10. LICENSE REQUIRED--COUNTY CLERK PREMARITAL
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0021| EDUCATION AND COUNSELING--FEE.--
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0022| A. Each couple desiring to marry in New Mexico
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0023| shall obtain a license from a county clerk and file [the
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same] it for recording in the county issuing the license,
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0025| following the marriage ceremony. Except as provided in Section
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0001| [57-1-6 NMSA 1953] 40-1-6 NMSA 1978, a county clerk shall
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0002| issue no license for the marriage of any person under the age
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0003| of majority without the consent of his parent or guardian. It
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0004| [shall be] is the duty of each county clerk to require the
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0005| affidavit of at least two reliable persons who are acquainted
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0006| with the age of the applicant for license, as to the age of
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0007| whom a county clerk may be in doubt, and the failure of any
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0008| county clerk to perform his duty under this section shall be
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0009| grounds for the removal of the county clerk from office in the
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0010| manner provided for the removal from office of county officers
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0011| for misfeasance or malfeasance in office.
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0012| B. A couple that applies for a marriage license
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0013| pursuant to the provisions of Subsection A of this section
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0014| shall together complete a program in premarital education or
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0015| counseling. If one or both the parties is a minor, a parent or
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0016| legal guardian of each minor party must attend the program.
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0017| The couple applying for the license shall verify completion of
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0018| the program by filing a statement to that effect and a
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0019| certificate of completion from the administrator of the
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0020| premarital education or counseling program with the application
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0021| for the license.
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0022| C. A premarital education or counseling program
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0023| required by Subsection B of this section shall provide a
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0024| minimum of three hours of education or counseling and shall
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0025| only be conducted by one or more of the following:
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0001| (1) a licensed marriage and family therapist;
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0002| (2) a licensed social worker;
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0003| (3) a licensed psychiatrist or licensed
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0004| psychologist; or
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0005| (4) an official representative of a religious
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0006| institution or his designee.
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0007| D. A premarital education or counseling program
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0008| shall include training for couples intending to marry that
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0009| covers the following topics:
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0010| (1) conflict management and communication
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0011| skills;
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0012| (2) roles of marriage partners;
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0013| (3) financial responsibilities;
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0014| (4) children and parenting responsibilities;
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0015| and
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0016| (5) if one of the parties is a minor, minors
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0017| and marriage and extended family roles and the marriage.
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0018| E. A couple applying for a marriage license may
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0019| choose not to comply with the provisions of Subsection B of
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0020| this section. If the couple chooses not to comply, the clerk
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0021| shall not deliver the marriage license until a period of sixty
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0022| days has elapsed from the date of the application."
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0023| Section 2. Section 40-4-1 NMSA 1978 (being Laws 1973,
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0024| Chapter 319, Section 1) is amended to read:
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0025| "40-4-1. DISSOLUTION OF MARRIAGE LIMITATIONS ON
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0001| INCOMPATIBILITY.--
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0002| A. On the petition of either party to a marriage,
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0003| and subject to the provisions of Subsection B of this
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0004| section, a district court may decree a dissolution of marriage
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0005| on any of the following grounds:
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0006| [A.] (1) incompatibility;
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0007| [B.] (2) cruel and inhuman treatment;
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0008| [C.] (3) adultery; or
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0009| [D.] (4) abandonment.
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0010| B. The court shall decree a dissolution of marriage
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0011| on the grounds of incompatibility only under the following
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0012| circumstances:
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0013| (1) if no minor children of the marriage
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0014| reside with either of the parties to the marriage and both
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0015| parties to the marriage agree, or both parties allege that
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0016| incompatibility exists; or
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0017| (2) if the district court finds that domestic
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0018| abuse, as that term is defined in the Family Violence
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0019| Protection Act, has occurred and has entered an order of
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0020| protection pursuant to the provisions of that act."
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0021| Section 3. [NEW MATERIAL] COUNSELING REQUIRED PRIOR TO
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0022| DISSOLUTION OF MARRIAGE.--In a proceeding for dissolution of
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0023| marriage other than a proceeding in which incompatibility is
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0024| allowed as a grounds for dissolution of marriage, the court
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0025| shall require that the parties undergo counseling. In cases
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0001| where minor children are involved, the court shall require no
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0002| less than six hours of counseling. Costs for the counseling
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0003| shall be paid by the parties and may be allocated between the
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0004| parties as determined by the court.
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0005|
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