44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO DOMESTIC AFFAIRS; REQUIRING PRE-DIVORCE COUNSELING AND A MANDATORY WAITING PERIOD IN CERTAIN SITUATIONS.

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--GROUNDS--COUNSELING REQUIREMENTS--WAITING PERIOD.--

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. Except as provided in Subsection D of this section, in a proceeding for dissolution of marriage on grounds of incompatibility, the court shall require that the parties to the marriage complete a minimum of six hours of joint counseling. The counseling shall 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;

(2) a licensed psychiatrist or a licensed psychologist;

(3) a licensed professional clinical mental health counselor;

(4) a licensed independent social worker; or

(5) an official representative of a religious institution or his designee.

C. In a proceeding for dissolution of marriage subject to the provisions of Subsection B of this section, the court shall not decree dissolution of the marriage until a period of one hundred eighty days has elapsed from the date the court receives certification of completion of the required counseling; provided, however, if the parties to the marriage have not completed the counseling required by Subsection B of this section, but the petition for dissolution of the marriage meets all other requirements for a decree of dissolution of marriage, the court may decree dissolution of the marriage after a period of three hundred sixty days has elapsed from the date of filing of the petition.

D. The provisions of Subsection B of this section shall not apply if:

(1) both parties to the marriage agree to dissolution of the marriage and no minor children of the marriage reside with either of the parties to the marriage; or

(2) the district court finds that domestic abuse, as defined in the Family Violence Protection Act, has occurred and a court has entered an order of protection pursuant to the provisions of that act."