States Creating Stricter Divorce Laws

At least a dozen states have recently enacted stricter divorce laws, including longer separation periods and mandatory parenting classes for divorcing spouses. States ranging from Massachusetts to Oklahoma have enacted more stringent divorce laws, either for political expediency or in an effort to streamline the court systems. In some states, the tougher divorce laws force splitting couples to stay together for up to three years before their divorce becomes final.

New Divorce Law Requirements

The states that have adopted tougher divorce laws claim to be acting in the interest of families, specifically to protect the children of divorcing couples. New divorce laws in Oklahoma and Massachusetts would require divorcing couples with minor children to attend parenting classes. Couples in Arizona and Utah are required to attend counseling sessions. Maryland, North and South Carolina call for a year-long separation prior to filing. In Arkansas, the mandatory separation period is 18 months prior to filing, with another 18 months required to finalize the divorce.

Politics and Divorce Laws

A major force behind the tougher divorce laws is a collection of “family values” political activist groups. Family Leader, an anti-divorce advocacy group, created a “Marriage Vow” manifesto in 2011. The document voiced the need for “reform of (the) uneconomic, anti-marriage aspects” of government policies, including divorce law. Some notable conservative political figures, including former Minnesota Congresswoman Michele Bachman, former Texas Governor Rick Perry, and former Pennsylvania Senator Rick Santorum, spoke out in favor of the “Marriage Vow” document.

Tougher Divorce Laws Cause Controversy

While some legal experts have come down in favor of stricter divorce laws, others view the efforts to keep broken families together as counter-productive. Syndicated columnist Colleen Sheehy Orme wrote that “contentious divorces … tie up the legal system” and that some divorces are nothing more than “legalized bullying.” Bari Z. Weinberger, a New Jersey divorce lawyer, disagreed. He stated that legislators should “give people more credit” than requiring longer waiting periods before finalizing a divorce.

Divorce Law Reforms Raise Emotional Stakes

The divorce process can often be a highly emotional time for spouses. Some observers have noted that the stricter divorce laws only make these issues more problematic. Peter Gladstone, a South Florida divorce attorney, stated that divorce law often deals with “fear, anger and pain,” even in the best of circumstances. The longer waiting periods, counseling sessions and parenting classes may act to keep emotionally wounded people in a state where their wounds are continually re-opened, rather than allowing them to separate and heal as individuals.

Source: Newsweek

Get Answers For Your Divorce Law Questions

To find out how we can answer your questions about your divorce case, contact one of our attorneys today. Our intake team will take down the details of your case and quickly connect you to an attorney who understands divorce law and how your status affects your case. You can also fill out the “Free Case Evaluation” form at the top of this page.