1271jb

___________________ moved that HB 1271 be amended as follows:

     On the printed bill, delete everything after the enacting clause and insert:

"
     Section 1. No divorce may be granted if the parties to the divorce are expecting a child or are parents to any child under eighteen years of age, unless the parties to the divorce undertake, within sixty days after the filing of the petition, counseling education classes focusing on the current and future potential negative impact on children of divorce. Each judicial district shall certify approved courses for parties required to participate in a course under this section. Approved courses may include those provided by a public or private entity.

     Section 2. Persons providing the counseling education classes shall use curriculum that focuses specifically on the negative impact of divorce on children. The person providing the counseling education classes shall provide the participating party with a certificate of completion or a letter of verification or some other written documentation indicating successful completion of the counseling education classes. The person providing counseling education classes shall also provide to the party a list of resources for mental health counseling, marital counseling, child counseling, and other support services that may be available in the community to the party and the party's children.

     Section 3. Each party is responsible for arranging for participation in the course and for payment of the costs of participation in the course.

     Section 4. An action for divorce or separate maintenance may not be heard, tried, or determined by the court until at least sixty days have elapsed from the completed service of the counseling education class.

     Section 5. The court may not require the counseling education classes prescribed by this Act if the court finds any of the following:

             (1)    One of the parties has demonstrated physical or serious psychological abuse by the other party;

             (2)    A child of the marriage has demonstrated physical or serious psychological abuse by either of the parties;

             (3)    Substance abuse is an issue with one or more parties to the proceeding;

             (4)    A party to the marriage has committed adultery during the subject marriage and the other party requests that the parties not be required to participate in the counseling education classes otherwise required by this Act; or

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             (5)    One of the parties to the marriage, at the time of the action, has been convicted of a felony."