Bill Text: IN HB1252 | 2012 | Regular Session | Introduced
Bill Title: Prerequisites for filing for dissolution of marriage.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-01-09 - First reading: referred to Committee on Family, Children and Human Affairs [HB1252 Detail]
Download: Indiana-2012-HB1252-Introduced.html
Citations Affected: IC 31-9-2; IC 31-15.
Synopsis: Prerequisites for filing for dissolution of marriage. Provides
that a parent of a minor child may not commence a proceeding for
dissolution of marriage against the other parent of the child before the
earlier of: (1) 120 days after a parent files with a court a notice of intent
to dissolve a marriage if both parents of a child complete, not earlier
than three years before commencing a proceeding for dissolution of
marriage, a divorce education program approved by the department of
child services; or (2) 300 days after a parent files with a court a notice
of intent to dissolve a marriage if one or both parents of the child do
not complete a divorce education program. Provides exceptions to
these requirements. Allows a parent to file for provisional orders after
a parent has filed a notice of intent to dissolve a marriage. Requires the
department of child services to approve divorce education programs
that meet certain requirements. Provides that each parent is responsible
for the individual parent's cost in attending and completing a divorce
education program.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Family, Children and Human
Affairs.
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A BILL FOR AN ACT to amend the Indiana Code concerning
family law and juvenile law.
(1) a human being;
(2) a corporation;
(3) a limited liability company;
(4) a partnership;
(5) an unincorporated association; or
(6) a governmental entity.
(b) "Person", for purposes of section 44.5 of this chapter, means an adult or a minor.
(c) "Person", for purposes of IC 31-27, means an individual who is at least twenty-one (21) years of age, a corporation, a partnership, a voluntary association, or other entity.
(d) "Person", for purposes of the Uniform Child Custody Jurisdiction Act under IC 31-21, has the meaning set forth in IC 31-21-2-13.
Chapter 1.5. Prerequisites for Filing for Dissolution Of Marriage
Sec. 1. (a) This chapter applies after December 31, 2013.
(b) This chapter applies to a parent of a minor child who intends to dissolve the parent's marriage to the other parent of the child.
Sec. 2. (a) This chapter does not apply if the petitioner states in the verified petition for dissolution of marriage and proves by a preponderance of the evidence one (1) or more of the following:
(1) That a court issued, after notice and a hearing, an order for protection against the respondent to prevent domestic or family violence.
(2) That the respondent was convicted of a crime against the petitioner or the minor child.
(3) That the respondent was convicted of:
(A) a felony;
(B) a domestic violence offense;
(C) a sex offense; or
(D) an offense against children.
(4) That the respondent:
(A) suffers from drug or alcohol abuse; and
(B) refuses to undergo drug or alcohol abuse treatment.
(5) That the respondent has abandoned the petitioner and the marriage for a continuous period of eighteen (18) months immediately prior to the filing of the petition for dissolution of marriage.
(b) A court may waive the requirements under section 3 of this chapter if the court determines that requiring a parent of a minor child to meet the requirements might:
(1) endanger the child's physical health and well-being; or
(2) significantly impair the child's emotional development.
Sec. 3. (a) A parent may not commence a proceeding for dissolution of marriage before the earlier of one (1) of the following:
(1) One hundred twenty (120) days after a parent files with a court a notice of intent to dissolve a marriage if both parents of the child complete, not earlier than three (3) years before commencing a proceeding for dissolution of marriage, a divorce education program approved by the department under section 5 of this chapter.
(2) Three hundred (300) days after a parent files with a court a notice of intent to dissolve a marriage if one (1) or both of the parents do not complete a divorce education program described in subdivision (1).
(b) A parent must file an intent to dissolve a marriage under this section in the court in which the party intends to file an action for dissolution of marriage.
(c) The parents of a minor child may attend and complete a divorce education program separately under subsection (a)(1).
Sec. 4. (a) A divorce education program under section 3 of this chapter must:
(1) be taught by an individual trained and certified by the person who developed the divorce education program;
(2) be approved by the department under section 5 of this chapter; and
(3) consist of four (4) hours of divorce education that includes information on the following:
(A) The effects of divorce on:
(i) a minor child; and
(ii) parties of the divorce.
(B) The benefits of reconciling and restoring marriages where divorce is unnecessary.
(C) Building relationship skills.
(D) Available relationship education and online classes that help parents who are considering reconciling.
(E) Domestic and family violence, alcohol and drug abuse, and mental health issues, including contact and location information for receiving help for these issues.
(b) The divorce education program under section 3 of this chapter may include other information relevant to divorce education.
(c) The person who provides the divorce education program
shall provide a certificate to a parent after the parent completes
the divorce education program.
Sec. 5. The department shall approve a divorce education
program that meets:
(1) the requirements of section 4 of this chapter; and
(2) any other requirements established by the department.
Sec. 6. If:
(1) a petition for dissolution of marriage has been filed; and
(2) the petitioner has failed to meet the requirements under
this chapter;
the court shall dismiss the petition for dissolution of marriage.
Sec. 7. Each parent is responsible for the individual parent's
cost in attending and completing a divorce education program
under this chapter.
Sec. 8. After a parent files an intent to dissolve a marriage under
section 3 of this chapter, the parent may file a motion for a
provisional order as provided under IC 31-15-4-1.
(1) be verified; and
(2) set forth the following:
(A) The residence of each party and the length of residence in the state and county.
(B) The date of the marriage.
(C) The date on which the parties separated.
(D) The name, age, and address of:
(i) any living child less than twenty-one (21) years of age; and
(ii) any incapacitated child;
of the marriage and whether the wife is pregnant.
(E) The grounds for dissolution of the marriage.
(F) The relief sought.
(G) For petitions filed after December 31, 2013, the petitioner:
(i) has met the requirements under IC 31-15-1.5;
(ii) is not required to meet the requirements under IC 31-15-1.5 and state which exception applies under IC 31-15-1.5-2(a); or
(iii) believes that requiring the petitioner to meet the requirements under IC 31-15-1.5 might endanger the child's physical health and well-being or significantly
impair the child's emotional development.
(1) Temporary maintenance.
(2) Temporary support or custody of a child of the marriage entitled to support.
(3) Possession of property.
(4) Counseling.
(5) A protective order under IC 34-26-5.
(b) If a party desires a protective order under subsection (a)(5), the party must file a petition under IC 34-26-5 in the court in which the case is pending or, if there is no case pending, in the court in which the party intends to file an action for dissolution of marriage and the court may not require the moving party to give security. If the petitioner requests an ex parte protective order, the court shall immediately:
(1) review the request; and
(2) if required, set a hearing;
under IC 34-26-5. The procedure and law for a proceeding under this subsection are controlled by IC 34-26-5.
