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NEWS ITEMS CONCERNING DIVORCE

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Overview:

Prior to the mid-1960's, divorces were difficult to obtain. They typically required that one spouse be shown to be at fault. In some jurisdictions, the only ground for divorce was adultery. After that time, the public's attitude towards divorce and the pressure of increasing numbers of divorces caused many U.S. state legislatures and the Canadian federal government to pass "no-fault divorce" laws. Divorces then became easier and quicker to obtain. "Marriage breakdown" or "irreconcilable differences," generally became the most common grounds for divorce. There was no necessity to prove that one spouse was at fault.

Since the 1990's, organized opposition to no-fault divorce has gathered strength. Their goal is to introduce divorce restrictions in an effort to increase the number of marriages that survive. Pressure to restrict divorces comes primarily from social and religious conservatives. However, other conservatives oppose these restrictions because they would increase government interference in people's lives.

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News from 2002 to now:

Since no-fault divorce became available in most North American jurisdictions, there have been relatively few developments in divorce law:

bullet2002-FEB: CO: Restrictive divorce bill introduced into the House: State Representative Dave Schultheis, (R-Colorado Springs) has sponsored House Bill HB 1337, the "Children of Divorce Protection Act of 2002." It would require couples with children:
bulletTo wait for 12 months before obtaining a divorce, and
bulletTo have completed six hours of marital counseling.

The bill was scheduled to be heard in the Civil Justice Committee on MAR-5. It did not proceed 1,2

bullet2002-MAR: IA: More power to family court judges: The Iowa State Senate will consider a bill which would:
bulletAllow judges to send divorcing couples to mediation before granting a divorce, if the judge finds that a divorce would not be in the best interests of the children.
bulletLower the marriage license fee for engaged couples who have completed a pre-marital counseling course.
bulletAllow engaged couples who have completed a counseling course, and who have obtained a marriage license to marry quicker.

 Our information source, the Iowa Family Policy Center, identifies this bill as Senate File SF 2106. This appears to be in error. 3

bullet2004-NOV-16: NJ: Collaborative divorce bill introduced: A bill was introduced into the New Jersey legislature to promote collaborative divorce.
bullet2005-FEB-23: GA: Bill to extend waiting period: A bill was introduced to extend waiting periods for an uncontested divorce from 30 days to 120 days for a couple without children, and to 180 days for a couple with children. However, there would be no waiting period if one spouse has "obtained a protective order or alleged abuse in a formal statement." Some suggest that this will increase false accusations of spousal abuse.
bullet2006-MAY-12: CA: Divorce bill shelved: A bill to restrict public access to financial records in California divorce cases was shelved. It would have given former spouses free access to financial information but would prevent access by the public.
bullet2007-JAN-04: Europe: Divorce in the European Union: During 2006-Summer, European Justice Commissioner Franco Frattini proposed a new law that would relax divorce proceedings among all countries in the EU. The predominately Roman Catholic island country of Malta is the only country in Europe that does not permit their citizens to divorce. They refuse to support the proposed law unless a clause is added that specifically excludes Malta. 4
bullet2007-JAN-04: VA: Conservative group wants to restrict divorce: Family Foundation of Virginia, the group that sponsored the constitutional amendment to prevent same-sex couples from every marrying in the state of Virginia, and threatens the rights of unmarried coupless, has now embarked on new projects. They propose to restrict the availability of divorce for parents. They propose a "mutual consent divorce" which would require both spouses to agree to a divorce before one is granted. No fault divorce in which only one spouse can initiate a divorce would be discontinued. In addition, divorces would be available in cases of abuse and cruelty. They also want to increase censorship in public libraries, and restrict abortions. 5

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References:

  1. Kristie Rutherford, "Marriage-strengthening Bill proposed in Colorado," Focus on the Family, at: http://www.family.org/cforum/state/
  2. Dave Schultheis, "Q&A on 2002 Children of Divorce Protection Act," at: http://www.daveschultheis.com/currentissues
  3. Charles Hurley, "It's Do or Die Time," Iowa Family Policy Center news release, 2002-MAR-6.
  4. Gudrun Schultz, "Malta Threatens to Block EU Divorce Changes Unless Legal Opt-out Clause is Included," LifeSiteNews.com, 2007-JAN-04, at: http://www.lifesite.net/
  5. Tim Craig, "Foundation Wants Stricter Rules for Splits," Washington Post, 2007-JAN-05, at: http://www.washingtonpost.com/

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Copyright © 2001 to 2007 by Ontario Consultants on Religious Tolerance
Originally written: 2002-MAR-5
Latest update: 2007-JAN-06
Author: B.A. Robinson

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