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IN SB0406
Bill
Status
1/14/2019
Primary Sponsor
Victoria Spartz
Click for details
AI Summary
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Requires mandatory marriage counseling (minimum 2 hours) for divorcing couples who cite irretrievable breakdown and have minor children, legal custody of minors, or a pregnancy where the spouse is the father
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Counseling must be provided by a licensed therapist or faith-based counselor and cover reconciliation planning, effects of divorce on children's health, minimizing impact on children, and community service referrals
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Courts may waive the counseling requirement if a party files a sworn statement of domestic violence victimization, reconciliation is deemed infeasible, or other good cause exists
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Court administrators may contract with counseling providers, who must waive some or all costs when directed to accommodate a party's ability to pay
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Counties must report annual divorce statistics (petitions filed and decrees entered) to the Management Performance Hub by March 1 each year, with data published online by July 1
Legislative Description
Pre-divorce counseling. Requires parties in a dissolution of marriage action to complete a marriage counseling program if: (1) the parties assert irretrievable breakdown of the marriage as a ground for the action; and (2) the court finds that: (A) the parties are the parents or legal custodians of a minor; or (B) a party is pregnant and the party's spouse is the child's father under Indiana law. Provides for certain exceptions to the requirement. Specifies requirements for the marriage counseling program the parties must complete. Provides that a court administrator may enter into an agreement with one or more third parties to provide the court-ordered marriage counseling. Provides that the agreement must require the provider to waive some or all of the cost of the program if directed to do so by the court administrator for purposes of accommodating the ability of a party to pay. Provides that each calendar year: (1) counties shall provide information regarding divorces in the county during the preceding calendar year to the management and performance hub (MPH); and (2) the MPH shall post the information on the MPH's Internet web site.
Last Action
First reading: referred to Committee on Judiciary
1/14/2019