BILL NUMBER: SB 1031 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 18, 2005
INTRODUCED BY Senator Hollingsworth
FEBRUARY 22, 2005
An act to add Section 2330.2 to the Family Code, relating to
dissolution of marriage.
LEGISLATIVE COUNSEL'S DIGEST
SB 1031, as amended, Hollingsworth. Dissolution of marriage:
family counseling.
Existing law provides for commencement of proceedings for the
dissolution of marriage upon the filing of a petition for
dissolution. The court is required, if it appears that there is a
reasonable possibility of reconciliation, to continue the proceeding
for the dissolution of the marriage for a period not to exceed 30
days. Existing law also establishes the family conciliation court,
which may be implemented by the superior court in each county, to
provide means for the reconciliation of spouses and the amicable
settlement of domestic and family controversies.
This bill would require the parties to a proceeding for
dissolution of marriage, if minor children are involved, to complete
4 hours of family counseling, either together or separately, during
the 30-day period immediately following the filing of the petition
for dissolution of marriage.
The bill would require the court to order parties seeking legal
separation or divorce to participate in education classes focusing
substantially on the potential impact of separation or divorce on
children. The bill would include specified exceptions to that
provision. The bill would require the parties to commence the classes
within 20 days of filing the petition for legal separation or
divorce.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) Three out of five divorces involve children.
(b) Since 1970, one million children per year are victims of
divorce.
(c) Children of divorce are twice as likely to drop out of school,
one and one-half times as likely to be out of work and out of
school, seven times more likely to be in poverty, and three times
more likely to have a child out of wedlock.
(d) The state bears huge financial burdens dealing with the
fallout from divorce in the form of welfare, corrections, and other
social programs.
(e) Fewer than one-third of parental divorces occur because of
high conflict, and children benefit from divorce only when they are
removed from violent or abusive situations.
(f) Research shows that divorce often impoverishes women and
children. About one-fifth of women who apply for welfare benefits for
the first time do so because of divorce or separation, and about one
in four of those women are still welfare dependent five years later.
SEC. 2. Section 2330.2 is added to the Family Code, to read:
2330.2. (a) In a proceeding for dissolution
of marriage, if minor children are involved, the parties shall
complete four hours of family counseling, either together or
separately, during the 30-day period immediately following the filing
of the petition for dissolution of marriage.
(b) (1) Except as otherwise provided in this section, in any
proceeding pursuant to this chapter in which there are dependent
children of the marriage who are younger than 18 years of age or in
which the wife is pregnant, the court shall order the parties seeking
legal separation or divorce to participate in education classes of
their choice, focusing substantially on the potential impact of
separation or divorce on children.
(2) The parties shall commence education classes within 20 days
after the filing of the petition for legal separation or divorce.
(3) The education classes shall be provided to parties by one or
more of the following:
(A) A marriage and family therapist, social worker, professional
counselor or psychologist licensed in this state.
(B) An unlicensed therapist acting under the supervision of a
person described in subparagraph (A).
(C) A member of the clergy.
(D) A person acting under the supervision of a member of the
clergy.
(4) The education classes shall commence within 20 days after the
filing of the petition for legal separation or divorce and shall
consist of a minimum total of four hours after the filing of the
petition unless the parties reconcile prior to completion of the
education classes. Counseling in which the parties have participated
at any time within six months prior to the filing of the petition
shall also count toward the hourly requirements set forth in this
paragraph, if that counseling focused substantially on the potential
impact on children of separation or divorce. The parties may elect to
participate in the education classes together or separately. Whether
the parties participate in the education classes together or
separately, each party shall participate for a total of four hours.
(5) After a party has successfully completed the education
classes, the person providing the education classes shall provide the
participating party with a certificate of completion, letter of
verification, or some other written documentation indicating
successful completion of the education classes. The person providing
education classes may also provide to the party a list of resources
for marital counseling, child counseling, and other support services
that may be available in the community to the party and the party's
children.
(6) The court may provide indigent parties alternatives as may be
necessary to enable a party to obtain the education required by this
section.
(c) The parties may elect to attend the education classes together
unless one of the following circumstances exists:
(1) A protective order has been issued against one of the parties.
(2) There have been allegations of violence within the marriage.
(3) One of the parties prefers to attend the education class
without his or her spouse.
(d) The court shall not require the education classes prescribed
in subdivision (b) under any of the following circumstances:
(1) Service of process was satisfied by publication and the
whereabouts of one of the parties cannot be determined.
(2) One of the parties to the marriage at the time of the action
is serving a sentence in the state prison.
(3) The youngest child of the parties is within six months of
attaining 18 years of age.
(4) One of the parties to the proceeding does not live in this
state.
(5) The parties have been living separate and apart for more than
five years.
(e) If the petition for legal separation or divorce is not
dismissed, the costs, if any, associated with the education classes
required by subdivision (b) shall be paid by the participating
parties in accordance with each party's ability to pay, as the court
deems appropriate.