[ Main Page of Report | Contents of Report ]
| State | Campaigns | Commissions | Proclamation |
|---|---|---|---|
| Alabama | |||
| Alaska | |||
| Arizona | Bill. Bill 2462 (2000) failed in Senate on third reading.
$1,900,000 for a media campaign to promote the health and societal benefits
of marriage. Source:
http://www.azleg.state.az.us/legtext/44leg/ 2r/summary/s.2462fs_revised.doc.htm. |
Law. Bill HB2199 signed by governor on 4/28/00. The state legislature
established a Marriage and Communication Skills Commission to encourage
community-based organizations to train married couples and those contemplating
marriage in communication and relationship skills. Source:
http://www.azleg.state.az.us/legtext/44leg/ 2r/summary/s.2199fs_final.doc.htm |
|
| Arkansas | In October 1999, Governor Huckabee, convened a Governor's Conference
on the Family declared a marital emergency and called for a 50% reduction
of divorce in the state and nationally. He encouraged the formation of Community
Marriage Policies across the state and the nation; Source:
http://www.smartmarriages.com/ legislation.html |
||
| California | |||
| Colorado | |||
| Connecticut | |||
| Delaware | |||
| DC | |||
| Florida | |||
| Georgia | |||
| Hawaii | |||
| Idaho | |||
| Illinois | |||
| Indiana | |||
| Iowa | |||
| Kansas | |||
| Kentucky | |||
| Louisiana | The legislature recently asked the Governor to establish a Council on Marriage to monitor, develop, and evaluate policies, programs, curricula, publicity, and the delivery of services to families to assure that government does not undermine marriage. Source: Wade Horn in http://archives.his.com/ smartmarriages/msg01351.html | 2/14/99 proclaimed as National Marriage Day; reaffirms the special status
of marriage in the US as the foundation for healthy families and healthy
future of the US; Source:
http://www.smartmarriages.com/ louisiana.html |
|
| Maine | |||
| Maryland | |||
| Massachusetts | |||
| Michigan | Bill. HB5455 (2002). Creates a legislative commission on marriage and fatherhood. Source: http://www.michiganlegislature.org/ | ||
| Minnesota | |||
| Mississippi | |||
| Missouri | |||
| Montana | |||
| Nebraska | |||
| Nevada | |||
| New Hampshire | |||
| New Jersey | |||
| New Mexico | Bill. SB482 (2001) was killed. A statewide media campaign was proposed
to laud the benefits of marriage. Source: http://legis.state.nm.us/session01;
http://www.smartmarriages.com/ new.mexico.legislation.html |
||
| New York | |||
| North Carolina | Signed marriage proclamation recognizing importance of marriage to the public good. Source: http://www.marriagemovement.org/ html/report.html. | ||
| North Dakota | |||
| Ohio | |||
| Oklahoma | (1) In 1999, the Governor publicly made a 1/3 reduction
in the divorce rate an important goal of the administration; a new $10 million
marriage initiative (using unspent TANF funds) aims to reduce divorce via
marriage covenants, a marriage resource center, a state-wide service delivery
system for marriage skills training and a public information campaign. Social
service caseworkers, public health nurses, counselors and educators will
be trained to promote marriage. Source: Ooms Congressional Testimony (2001).
(2) Also creating a media campaign to highlight marriage-building skills. Source: Ooms Congressional Testimony (2001). |
||
| Oregon | |||
| Pennsylvania | |||
| Rhode Island | |||
| South Carolina | In 2001 Attorney General Condon set up a commission/panel to develop policies to support marriage and family. The commission will also explore faith-based programs such as mentoring. Source: http://www.smartmarriages.com/ south.carolina.marriage.html | ||
| South Dakota | |||
| Tennessee | |||
| Texas | |||
| Utah | Governor Mike Leavitt and First Lady Jacalyn S. Leavitt announced the Governor's Commission on Marriage, September 18, 1998 in an effort to focus attention on strengthening marriages. The commission was charged with gathering information on best marriage-strengthening practices and will continue to determine public policy initiatives that can be recommended to the governor and first lady. Source: http://www.governor.state.ut.us /First Lady/html/marriagecommission.htm | (1) Signed marriage proclamation recognizing importance of marriage to
the public good. Source:
http://www.marriagemovement.org/ html/report.html. (2) Marriage Awareness Week. Sept. 15-Oct. 2, 1999. Source: http://www.ksl.com/dump/ news/cc/famnow/govmarr.htm |
|
| Vermont | |||
| Virginia | |||
| Washington | |||
| West Virginia | |||
| Wisconsin | |||
| Wyoming |
| State | No Fault Sole Ground | No-Fault Grounds Added to Fault-Based Divorce | No-Fault Modifications (a) | Covenant Marriage | Mandatory Education on Effects of Divorce | Joint Legal Custody Presumption Laws (b) |
|---|---|---|---|---|---|---|
| Alabama | X | Bills. SB606 and HB30, proposed in 1998 but died; Source: http://www.divorcereform.org/ala.html | X | |||
| Alaska | X | Bill. HB390 and SB319 introduced in March and April 1998. Option for charter(covenant marriage; Includes premarital counseling and stricter grounds for divorce. Did not pass. Source: Phone interview with Dawn Cassidy, National Council on Family Relations | Bill. HB477 proposed in 1996. Mandatory education courses for parents
who seek divorce (unless court waives requirement); Required course administered
by the administrative director of courts through contracts with public or
private entities. DIED in committee.
Source: http://old-www.legis.state.ak.us/s/basp1000.dll?Get&S=19&Root=HB477 |
X | ||
| Arizona | Xc | X c | (1) Bill. SB1414 (1996). Did not pass. Amending laws 1994, chapter 374,
section 24 relating to dissolution of marriage. Evaluate recent proposals
in other states to amend no fault divorces by adding fault-based provisions
that are designed to put the needs of children first. Source:
http://www.azleg.state.az.us/ legtext/42leg/2r/bills/sb1414p.htm (2) Bill. SB1409 (1997) Did not pass. Requires that a petition for dissolution of marriage shall set forth the grounds on which the court may grant the decree. Source: http://www.azleg.state.az.us/ legtext/43leg/1r/summary/s.1409.fs.htm |
Law. Bill SB1133 passed on May 21, 1998. Source: http://www.divorcereform.org/ari.html | Law. Article 5, 25-35. Unless deemed unnecessary, divorcing parents of a minor child must attend an educational program to educate parents on the impacts of divorce. Introduced in 1996. No program providers specified. Source: http://www.azleg.state.az.us/ars/25/title25.htm | X |
| Arkansas | X | Law. Bill HB2102 passed on April 6 2001. Source: http://www.arkleg.state.ar.us/ftproot/bills/1999/htm/HB2102.htm | Law. Statutes (9-12-322) include: Court may require divorcing parents to complete at least 2 hours of classes concerning parenting issue faced by divorcing parents (Acts 1999, No. 704, § 1); Source: http://www.arkleg.state.ar.us/newsdcode/lpext.dll/ | |||
| California | X | Bill. AB913 (1997) as proposed creates the Family and Children Preservation
Act. The bill requires parties filing for dissolution and who have minor
children to file a "joint parenting plan". The bill allows dissolution based
on irreconcilable differences only upon the mutual consent of the parties.
Source: Assembly Judiciary Committee, California State Legislature
(http://www.assembly.ca.gov/acs/ committee/c15/publications/divorcereform97.pdf) |
Bill SB1377 proposed in Senate in 1998 but did not pass. Source: http://www.divorcereform.org/cov.html | |||
| Colorado | X | Bill. It was killed in Feb. 1999 (House Bill 99-1199). Source: http://www.state.co.us/gov_dir/leg_dir/lcsstaff/1999/research/99CivilLaw.htm | Bill HB1337 (2002) failed in committee. Would require counseling for all couples with children seeking a divorce that would inform parents about the impact of divorce on children. Source: http://www.state.co.us/gov_dir/stateleg.html | X | ||
| Connecticut | X | Law. Sec. 46b-69b. All separating and divorcing parents can be required to attend a six-hour parental education classes...the $100 class provides parents w/ info. on child development, the effect of parental separation on children, dispute resolution and conflict management, guidelines for visitation, stress reduction in children, and lessons in cooperative parenting. Source: http://www.cga.state.ct.us/lco/Statute%20Web%20Site%20-%20LCO.htm | X | |||
| Delaware | X | X | ||||
| District of Columbia | X | X | ||||
| Florida | X | Law. Bill S1576 (1998) passed. (Ch. 98-403). Couples w/ children who file for divorce must take a Parent Education and Family Stabilization course that covers the legal and emotional impact of divorce on adults and children, financial responsibility, laws on child abuse or neglect and they must learn conflict resolution skills. Source: http://www.leg.state.fl.us/Welcome/index.cfm | X | |||
| Georgia | X | Law. Amended Code Section 19-13-4. Bill HB434 (1997-1998). That the marriage
is irretrievably broken will be a ground for divorce only if the parties
agree and there are no minor children of the marriage. Source:
http://www2.state.ga.us/Legis/ 1997_98/leg/fulltext/hb434.html |
Bill. Bill HB 1138 passed by Senate in Feb. 1998. Sent to the House. Source: http://www.state.ga.us/services/newleg/legsearch.cgi?year=2001&bill=HB17 | X | ||
| Hawaii | X | (1) Law. HB1172 (1997) passed. Requires couples with children to obtain
pre-divorce counseling to ensure the children's welfare after the divorce.
Source: Assembly Judiciary Committee, California State Legislature:
http://www.assembly.ca.gov/acs/committee/c15/ publications/divorcereform97.pdf (2) The state requires divorcing parents to take a course addressing the impact of divorce on children. Source: National Center for Children in Poverty State Initiatives to Encourage Responsible Fatherhood (1999). |
X | |||
| Idaho | X | Bill. HB470 (1996). Requires that irreconcilable differences be determined
by mutual consent of the parties rather than by the court. Source:
http://www.uchastings.edu/plri/ spring98/marriage.html#III.A.(4) |
X | |||
| Illinois | X | Law. Sec. 404.1 of Illinois Marriage and Dissolution of Marriage Act. Statues Include: Court may order parents who seek divorce to attend an education program concerning the effects of dissolution of marriage on children; Course is not to exceed 4 hrs in duration; Source: http://www.legis.state.il.us/ilcs/ch750/ch750act5articles/ch750act5Sub4.htm | X | |||
| Indiana | X | Bill. HB1049 (1997). Failed. Establishes two classifications of marriage
licenses - contract marriage licenses and covenant marriage licenses. The
bill provides that only a marriage based upon a contract license may be dissolved
without providing fault. Source: Assembly Judiciary Committee, California
State Legislature
(http://www.assembly.ca.gov/acs/committee/ c15/publications/divorcereform97.pdf) |
Bill. H.B. 1052, 110th Leg., 2d Sess. (Ind. 1998). Proposed in house, 1998 http://www.divorcereform.org/ind.html | X | ||
| Iowa | X | Bill. Senate File 353. Proposed in Senate, 2001, http://www.divorcere form.org/cov.html | Law. Section 598.19A. The court shall order the parties to any action which involves the issues of child custody or visitation to participate in a court-approved course to educate and sensitize the parties to the needs of any child or party during and subsequent to the proceeding within forty-five days of the service of notice and petition for the action or within forty-five days of the service of notice and application for modification of an order. Source: http://www2.legis.state.ia.us/IACODE/1999/598/19A.html | X | ||
| Kansas | X | Bill. S173 (2002) would roll back no-fault divorce in cases where dependent
children are in the home. In 2/02, approved by Senate Judiciary Committee.
Source: Smartmarriages.com listserve (2/5/02). S312 (1997) requires mutual
consent for a no-fault divorce. Failed. Source:
http://www.accesskansas.org/legislative/ billsubject/index.cgi/1998/312.html |
Bill H2839 (1998) proposed in House but failed. Source: http://www.accesskansas.org/ legislative/ | Bill. Senate Bill 320 (1998). Failed in Senate. Effect of divorce on the child involved including developmental stages; responses to divorce; symptoms of maladjustment to divorce and responses to maladjustment; and education or counseling options for the child; Source: http://www.accesskansas.org/legislative/ | X | |
| Kentucky | X | Bill. SB195 (1998 Regular). Died in committee. Create a new section of KRS Chapter 403 to require fault before a court enters a judgment of divorce in certain cases, amend KRS 403.190 to conform, repeal KRS 403.140, 403.150, and 403.170. Source: http://www.lrc.state.ky.us/record/98rs/SB195.htm | Bill. HB896 (1998 Regular). Died in committee. Create a new section of KRS Chapter 403 to require that all persons who have minor children that would be affected by a divorce attend a counseling class of their choosing at least three months prior to entry of the divorce decree. Source: http://www.lrc.state.ky.us/record/98rs/HB896.htm | X | ||
| Louisiana | Xc | Law. HB756 (1997). Amends and reenacts Civil Code Articles 102 and 103 and R.S. 9:234 and 245(A)(1) and enacts R.S. 9:224(C) and 225(A)(3), Part VII of Chapter 1 of Code Title IV of Code Book I of Title 9 of the Louisiana Revised Statutes of 1950, comprised of R.S. 9:272 through 275, and R.S. 9:307, 308, and 309. Source: http://patriot.net/~crouch/cov/index.html | X | |||
| Maine | X | X | ||||
| Maryland | X | Bill. Bill HB1076 (1999 RS) proposed in House. Killed. Source: http://www.divorcereform.org/mar.html | Bill. SB367 (1996 Leg., Reg. Sess.). Mandatory educational courses for parents seeking to divorce. The bill suggests that the goal of the educational seminar would be to educate parents on the effects of divorce and to minimize the disruption it causes on the minor children of the marriage. Source: http://www.uchastings.edu/plri/spring98/ marriage.html#fn31 | X | ||
| Massachusetts | X | Bill. HB 1168 (1997) prohibits unilateral no-fault divorce for irretrievable breakdown of the marriage. Source: http://www.divorcereform.org/mas.html | X | |||
| Michigan | X | Bill. HB5167 and HB5168 (2002). Modifies no-fault divorce for couples with minor children. Source: http://www.michiganlegislature.org/ | Bill. Introduced 2000. Option for covenant marriage; Includes premarital counseling and commitment to take all reasonable efforts to preserve marriage; Killed. Source: Dawn Cassidy, National Council on Family Relations | (1) The state has a program for divorcing parents called Start Making
it Livable for Everyone (SMILE) to help them understand the ramifications
of divorce on children. The program is not mandatory and participation varies
by county. Source: National Center for Children in Poverty (1999).
(2) Bill. HB5166 (2001). Requires an educational predivorce program including divorce effects if a child is involved. Source: http://www.michiganlegislature.org/ |
X | |
| Minnesota | X | Bill. HF1975 (79th Leg., Reg. Sess., 1995). Requires that irreconcilable
differences be determined by mutual consent of the parties rather than by
the court. Source:
http://www.uchastings.edu/plri/ spring98/marriage.html#III.A.(4) |
Bill. See H.F. 2760, 80th Leg., Reg. Sess. (Minn. 1997); S.F. 2935, 80th Leg., Reg. Sess. (Minn. 1997). Source: http://www.uchastings.edu/plri/spring98/marriage.html#58 | Law. Chapter 518.157 of Minnesota Statutes. Statues Include: Courts may order divorcing parents of a minor child to attend a parent education program; chief judge of each judicial district implements one or more parent education programs to educate parents about various issues surrounding divorce; Source: http://www.revisor.leg. state.mn.us/stats/518/157.html | X | |
| Mississippi | X | Bill. H.B. 1645, 1998 Leg., Reg. Sess. (Miss. 1998); S.B. 2910, 1998 Leg., Reg. Sess. (Miss. 1998); H.B. 1201, 1998 Leg., Reg. Sess. (Miss. 1998); H.B. 1222, 1998 Leg., Reg. Sess. (Miss. 1998). Proposed in House and Senate. Source: http://www.divorcereform.org/cov.html | X | |||
| Missouri | X | Bill. HB1864 (1998) proposed in House. Source: http://www.house.state.mo.us/bills98/bills98/hb1864.htm#introduced | Several judicial circuits offer or require parenting education on the impact of divorce on children. Source: National Center of Children in Poverty (1999). | X | ||
| Montana | X | Bill. HB573 introduced in 1997. Requires mutual consent for no-fault divorce based on separation, and having court consider the best interest of the children before granting a contested divorce based on fault or marital discord. Source: http://patriot.net/~crouch/act/hb573mt.html | Law. Title 40, § 4-10. Divorcing parents can receive counseling on the impact of divorce on children. Source: http://data.opi.state.mt.us/bills/mca_toc/index.htm | X | ||
| Nebraska | X | Bill. L.B. 1214, 95th Leg., 2d Sess. (Neb. 1997). Source: http://www.divorcereform.org/cov.html | Law. Passed July 1998. Divorce action involving minors may require parenting
class. Source:
http://statutes.unicam.state.ne.us/Corpus/statutes/ chap42/R420304901_42-349.01.html |
X | ||
| Nevada | X | X | ||||
| New Hampshire | X | Bill. HB1301 introduced in 2001. Permits no fault divorce based on irreconcilable differences only if there are no minor children of the parties. Source: http://www.gencourt.state.nh.us/legislation/2001/HB1301.html | The state has a pilot program underway in two counties requiring parenting classes in divorce cases. Source: National Center for Children in Poverty (1999). | X | ||
| New Jersey | X | Bill. AB2547 (1997). Failed. Eliminates the no-fault provision as a ground
for divorce. Source: Assembly Judiciary Committee, California State Legislature
(http://www.assembly.ca.gov/acs/committee/ c15/publications/divorcereform97.pdf) |
X | |||
| New Mexico | X | (1) Divorcing parents must undergo mandatory counseling to ensure that
they are knowledgeable of the impact of divorce on children. Source: National
Center for Children in Poverty (1999).
(2) Bill. Senate Bill SB0318 introduced in 1999. Proposed bill to produce and distribute a booklet entitled "Before You check out-check your options" that would offer couples in conflict a range of options available to them prior to marriage dissolution. Source: http://www.empowermentnetwork.com/policy/gov1.htm, http://legis.state.nm.us/Sessions/99%20Regular/bills/senate/SB0318.html |
X | |||
| New York | X | |||||
| North Carolina | X | X | ||||
| North Dakota | X | X | ||||
| Ohio | X | Bill. See H.B. 567, 122d Leg., Reg. Sess. (Ohio 1997). Source: http://www.uchastings.edu/plri/spring98/marriage.html#58 | X | |||
| Oklahoma | X | Bill. S.B. 1115, 46th Leg., 2d Sess. (Okla. 1997); H.B. 2208, 46th Leg., 2d Sess. (Okla. 1997). Oklahoma Covenant Marriage bill. Source: http://www.divorcereform.org/cov.html | X | |||
| Oregon | X | Bill. SB1336 (1999) passed in May 1999 by Senate. Sent to the House. Source: http://www.leg.state.or.us/99reg/measures/sb1300.dir/sb1336.a.html | X | |||
| Pennsylvania | X | (1) Bill. SB442 (1997). Failed. Prohibits the court from granting a marital
dissolution when the parties have any minor children between the ages of
six and sixteen unless the parties demonstrate that the children have attended
at least three counseling sessions between the time of separation and the
granting of the divorce decree. Source: Assembly Judiciary Committee, CA
State Legislature:
http://www.assembly.ca.gov/acs/committee/c15/publications/divorcereform97.pdf (2) Bill. Senate Bill 1575 (2001). Amending Section 3302(c) of the Title 23 of the Pennsylvania Consolidated Statutes. The court shall refer the parties seeking a separation or dissolution of marriage to counseling of their choice, which counseling shall focus substantially on the potential harm to the children of separation or dissolution of the marriage. Source: http://www.legis.state.pa.us/2001%5F0/hb1575p1927.htm |
X | |||
| Rhode Island | X | X | ||||
| South Carolina | X | Bill. S 0961 Joint Resolution (1998) to amend Section 3, Article 12 XVII
of the constitution of South Carolina. Died in committees. Introduced in
1997. Senate proposed Constitutional Amendment of the Constitution of this
State, relating to the grounds for divorce to provide that, as a ground for
divorce, in a covenant marriage a continuous separation must be for a period
of at least two years;
http://www.divorcereform.org/cov.html, http://www.leginfo.state.sc.us/cgi-bin/query99.exe? first=DOC&querytext=Marriage&session=112&conid=9480& result_pos=0&keyval=1120961#OCC2 |
X | |||
| South Dakota | X | X | ||||
| Tennessee | X | Bill. H.B. 2101, 100th Leg., Reg. Sess. (Tenn. 1997). Proposed in House, 1997 http://www.divorcereform.org/cov.html | Law. Introduced 2000. Require divorcing parents with children under age 18 to participate in a parental seminar and jointly complete a permanent parenting plan. Source: http://www.gocrc.com/best2001.html | X | ||
| Texas | X | Bill. Introduced legislation that requires mutual consent for a no-fault
divorce. Introduced in 1997 but was killed. Source:
http://www.heritage.org/library/ backgrounder/bg1421.html |
Bill. SB1015 passed in the Senate in May 1999 and sent to the House. Source: http://www.divorcereform.org/txsen99.html | Law. Statutes include: Court may order parties involved in a suit affecting the parent-child relationship to attend a 4 to 12 hour-long parent education and family stabilization course (Added by HB2441, 1999); Source: Dawn Cassidy, NCFR.ORG | X | |
| Utah | X | Law. Section 30-3-11.3. Unless the court orders otherwise, before a final order of joint legal custody is entered both parties shall attend the mandatory course for divorcing parents, as provided in Section 30-3-11.3 , and present a certificate of completion from the course to the court. Source: http://www.le.state.ut.us/%7Ecode/TITLE30/TITLE30.htm | X | |||
| Vermont | X | The state provides counseling to help divorcing couples understand the impact of divorce on children. Source: National Center for Children in Poverty (1999). | X | |||
| Virginia | X | Bill. H.B. 1188, 1997 Leg., Reg. Sess. (Va. 1996). The bill would prohibit
no-fault divorce if the couple has minor children and would further require
mutual consent and a one-year waiting period to grant a no-fault divorce.
Source:
http://www.uchastings.edu/plri/ spring98/marriage.html#47 |
Bill. H.B. 1056, 1998 Leg., Reg. Sess. (Va. 1998); H.J.R. 266, 1998 Leg., Reg. Sess. (Va. 1998); H.B. 1159, 1998 Leg., Reg. Sess. (Va. 1998). Source: http://www.divorcereform.org/cov.html | Law. HB1178 (2000). Virginia's Parental Education for Divorcing Parents law requires parents involved in custody and access (visitation) cases to attend parenting classes. Source: http://www.gocrc.com/best2001.html | X | |
| Washington | X | (1) Bill. H.B. 2950, 54th Leg., Reg. Sess. (Wash. 1995). The bill would
require evidence of an irretrievable breakdown of the marriage. A divorce
decree would not be granted it if was not in the best interests of the children.
Source:
http://www.uchastings.edu/plri/ spring98/marriage.html#47 (2) Bill. Senate Bill 5564 introduced in January 1997. Involves modifications to require mutual consent. Source: http://www.divorcereform.org/was.html |
Bill. SB 6135 (1997-1998). Died in committee. Covenant marriages established. http://www.divorcereform.org/cov.html | |||
| West Virginia | X | Bill. H.B. 4416, 1996 Leg., Reg. Sess. (W. Va. 1996). Introduced legislation
that requires mutual consent for a no-fault divorce. Source:
http://www.heritage.org/library/ backgrounder/bg1421.html |
Bill SB2208 proposed in Senate in 1999 but did not pass. Source: http://www.divorcereform.org/wva.html | X | ||
| Wisconsin | X | Bill. AB-83 and SB-17 (2000). Create provisions for covenant marriage. Source: http://www.legis.state.wi.us | Bill. Bill AB-524 (2000). Divorce or legal separation involving minor child: court shall order parties to attend certain education program. Source: http://www.legis.state.wi.us | X | ||
| Wyoming | X | X |
| State | Waiting Periods (b) | Different Laws for Families with children |
Mediation | |
|---|---|---|---|---|
| Minimum Period Until Divorce is Granted (a) | Residency Requirement (c) | |||
| Alabama | Law. 30 days. Section 30-2-8.1 (Acts 1996, 1st Ex. Sess., No. 96-51,
p. 70, §1.) Source:
http://www.legislature.state.al.us/ CodeofAlabama/1975/coatoc.htm |
6 months (Title 30, Chapter 2) | ||
| Alaska | None. If the marriage has been solemnized, and the Plaintiff is a resident of the state, he or she can bring the action at any time. Alaska Statutes; Title 25, Chapters 22-10.030, 24.080 and 24.090 | |||
| Arizona | Law. 60 days. Chapter 3 (25-329). Source: http://www.azleg.state.az.us/ars/25/00329.htm http://www.cyberstation.net/paralegal/state_law.html | 90 days (Chapter 3, 25-312). | See Education on Effects of Divorce and No-fault Modifications | |
| Arkansas | Law. 3 months. (Code 9-12-307). Source:
http://www.arkleg.state.ar.us/newsdcode/l pext.dll?f=templates&fn=main-hit-h.htm&2.0 |
The venue requirements may be waived in Arkansas. The parties must wait 30 days before the degree can be entered. [Arkansas Code of 1987 Annotated; Title 9, Chapters 12-3101 and 12-303]. | ||
| California | Law. 6 months. Family Code Section 2330-2348. Source: http://www.cyberstation.net/paralegal/state_law.html | 6 months (Family Code Section 2320-2322) | Law. California mandates either mediation or court-approved education for all custody and visitation disputes. California Civil Code Section 4370.6(a) (See California Family Code section 271). Source: http://www.smartmarriages.com/texaswhitepaper.html | |
| Colorado | 90 days (Code Section 19-4-4). | See Education on Effects of Divorce | ||
| Connecticut | 1 year (Sec. 46b-44). | See Education on Effects of Divorce | ||
| Delaware | 6 months (Title 13, Chapter 15) | |||
| District of Columbia | 6 months (Title 16, Chapter 9) | The court may order either or both spouses to attend parenting classes in those cases in which child custody is an issue. [District of Columbia Code Annotated; Title 16, Chapter 9, Sections 911(2)d]. Source: http://www.uslaw.com/ library/article/nodixDC.html?area_id=15 | ||
| Georgia | Law. Bill HB1472 passed in 1998. Divorce shall not be granted until 180 days from the date of service; Source: http://www2.state.ga.us/Legis/1997_98/leg/fulltext/hb1472.htm | 6 months (§§ 19-4-1 through 19-6-47) | ||
| Hawaii | 6 months (Chapter 580) | See Education on Effects of Divorce | ||
| Idaho | 6 weeks (§§ 32-501 through 32-901) | |||
| Illinois | Law. Illinois Marriage and Dissolution of Marriage Act. 6 months. Source: http://www.cyberstation.net/paralegal/state_law.html | 90 days (Illinois Marriage and Dissolution of Marriage Act). | ||
| Indiana | Law. TITLE 31 Article 15. 60 days. Source: http://www.state.in.us/legislative/ic/code/title31/ar15/ch2.html | One of the spouses must have been a resident of the state for 6 months and the county in which the petition is filed for 3 months immediately prior to filing for dissolution of marriage. [Annotated Indiana Code; 31-1-11.5-6]. | ||
| Iowa | Law. Section 598.19. 90 days. Source: http://www2.legis.state.ia.us/IACODE/1999/598/19.html | 1 year (Chapter 598). | See Education on Effects of Divorce | Law. Chapter 598.7 of state statute. Iowa mandates either mediation or court-approved education for all custody and visitation disputes. Source: http://www.smartmarriages.com/texaswhitepaper.html |
| Kansas | 60 days (Chapter 23) | See Education on Effects of Divorce and No-fault Modifications | Law. The state has a contract with a private provider to offer divorce education workshops and dispute resolution to divorcing parents. The mediation is voluntary in some counties but mandated in others at the judge's discretion. Source: National Center for Children in Poverty State Initiatives to Encourage Responsible Fatherhood (1999). | |
| Kentucky | 180 days (KRS Chapter 403.00) | See Education on Effects of Divorce | ||
| Louisiana | Law. 180 days. Source:
http://www.legis.state.la.us/tsrs/tsrs.asp? lawbody=RS&title=13§ion=3491 |
6 months (Title 5, Chapter 1) | ||
| Maine | 6 months (Title 19, Chapter 130) | |||
| Maryland | 1 year (§§ 8-101 through 8-213) | See Education on Effects of Divorce | ||
| Massachusetts | Law. General Laws of Massachusetts, Chapter 208. 90-day waiting period after hearing before final divorce for contested/uncontested fault divorce. 120-day waiting period for no-fault divorce. Source: http://www.state.ma.us/legis/laws/mgl/gl-208-toc.htm | If the grounds for divorce occurred in Massachusetts, one spouse must be a resident. If the grounds occurred outside of the state, the spouse filing must have been a resident for 1 year. The divorce should be filed for in the county in which the spouses last lived together. If neither spouse currently lives in that county then the divorce may be filed for in a county where either spouse currently resides. [Massachusetts General Laws Annotated; Chapter 208, Sections 4, 5, and 6]. | ||
| Michigan | 6 months (Chapter 552) | See Education on Effects of Divorce and No-fault Modifications | ||
| Minnesota | 180 days (Chapter 518) | See Education on Effects of Divorce | ||
| Mississippi | 6 months (Title 93, Chapter 5) | |||
| Missouri | Law. Missouri Revised Statutes Chapter 452. 30 days. Source: http://www.cyberstation.net/paralegal/state_law.html | 90 days (Missouri Revised Statutes Chapter 452) | Law. Chapter 452. Some circuits offer mediation at no charge or at low cost to address issues dealing with custody and visitation. Source: National Center for Children in Poverty (1999). | |
| Montana | 90 days (Montana Code 40-4-104) | See No-fault Modifications and Education on Effects of Divorce | ||
| Nebraska | Law. Passed 1989. 60 days. Source:
http://statutes.unicam.state.ne.us/Corpus/ statutes/chap42/R4203063_42-363.html |
1 year (42-349) | See Education on Effects of Divorce | |
| Nevada | 6 weeks (NRS 125.020) | |||
| New Hampshire | 1 year (Title 43, Chapter 458) | See Education on Effects of Divorce and No-fault Modifications | ||
| New Jersey | 1 year | |||
| New Mexico | 6 months | See Education on Effects of DivorceLaw. Court ordered marriage clinics through the Office of Courts, which provide eval. of both parents and mediation prior to divorce. Source: APHSA 2001 Survey | ||
| New York | 1 year (Chapter 14, Article 10-12) | |||
| North Carolina | 6 months (Chapter 50) | |||
| North Dakota | 6 months (Chapter 14-05) | |||
| Ohio | 6 months (Title 31, Chapter 31-05) | |||
| Oklahoma | Law. Section §43-134. 30 days waiting period if minor children. Source: http://www.cyberstation.net/paralegal/state_law.html | 6 months (Oklahoma Statutes Annotated; Title 43, Sections 102 and 103) | ||
| Oregon | Law. Title 11-107. 90 days. Source: http://www.cyberstation.net/paralegal/state_law.html | 6 months (Title 11-107) | ||
| Pennsylvania | 6 months (Title 23, Part 3) | See Education on Effects of Divorce | ||
| Rhode Island | 1 year (Chapter 15-5) | |||
| South Carolina | 90 days. SECTION 20-3-80. Source: http://www.cyberstation.net/paralegal/SCarolin.htm | The spouse filing for divorce must have been a resident of South Carolina for at least 1 year, unless both spouses are residents, in which case the spouse filing must only have been a resident for 3 months. [Code of Laws of South Carolina; Chapter 3, Sections 20-3-30, 20-3-60, and 20-3-80]. | ||
| South Dakota | None (§ 25-4-30) | |||
| Tennessee | Law. Section § 36-4. 60 days if no minor children/90 days if there are minor children. Source: http://www.cyberstation.net/paralegal/state_law.html | 6 months (§ 36-4-104) | 1. See Education on Effects of Divorce 2. See Waiting Periods before divorce is granted | |
| Texas | Law. Title 1, Subtitle C. 60 days. Source: http://www.cyberstation.net/paralegal/state_law.html | 6 months (Title 1, Subtitle C) | See Education on Effects of Divorce | |
| Utah | (1) Law. Title 30 -- Chapter 03. 90 days. Source:
http://www.cyberstation.net/paralegal/state_law.html
(2) Bill. SB120 (1997). Died in House. Removes the exemption to the waiting period after filing for divorce if educational course is completed. Source: http://www.le.state.ut.us/~1997/bills/sbillamd/SB0120.htm |
90 days (Title 30 -- Chapter 03) | See Education on Effects of DivorceLaw. Utah Code, Section 30-3-38. Since 1995, all couples requesting a divorce are required to receive mediation, whether or not they have children. Source: National Center for Children in Poverty (1999). | |
| Vermont | Law. Title15 Chapter 11. 1 year. Source: http://www.cyberstation.net/paralegal/state_law.html | 6 months (Title15 Chapter 11) | See Education on Effects of Divorce | |
| Virginia | 6 months (§§ 20-96, 20-97) | See No-fault Modifications and Education on Effects of Divorce | ||
| Washington | Law. Title 26, Chapter 9. 90 days. Source: http://www.cyberstation.net/paralegal/state_law.html | 1 year (§ 26.09.030) | See No-fault Modifications | |
| West Virginia | 1 year (§§ 48-2-5 to 48-2-8) | |||
| Wisconsin | 6 months (§§ 767.05, 767.083) | See Education on Effects of DivorceLaw. Chapter 767.24 Statute. Wisconsin mandates either mediation or court-approved education for all custody and visitation disputes Source: http://www.legis.state.wi.us/rsb/Statutes.html | ||
| Wyoming | (1) Bill. Grants immediate divorce to certain couples who craft their
own settlements without attorneys. Source:
http://www.greenbaypressgazette.com/ news/archive/local_962168.shtml. (2) Law. 20 days. Source: http://www.cyberstation.net/paralegal/state_law.html |
60 days (§§ 20-2-104, 20-2-107, 20-2-108) | ||
| State | Blood Test | Waiting period between applying for to receiving license | Waiting period between license and ceremony | How soon one can marry after receiving license | When license expires | I.D. Required | Age of consent to marry | Fee | |
|---|---|---|---|---|---|---|---|---|---|
| Age with parental consent | Age without parental consent | ||||||||
| Alabama | X | None | Immediately | 30 days | standard | 14 (a, b) | 18 yrs | $25 | |
| Alaska | 3 days | 3 days from time of application | Immediately | 3 months | standard | 16 (c) | 18 yrs | $25 | |
| Arizona | None | Immediately | 1 year | standard | 16 (c2) | 18 yrs | $50 | ||
| Arkansas | None | Immediately | No provision | birth certificate | Male-17 (c,e) Female-16 (c,e) | 18 yrs | $30 - $47 | ||
| California | None | Immediately | 90 days | valid D/L | (b,g) | 18 yrs | $50 - $80 | ||
| Colorado | None | Immediately | 30 days | D/L - passport | 16 (c) | 18 yrs | $20 | ||
| Connecticut | X | None | Immediately | 65 days | standard | 16 (c2) | 18 yrs | $35 | |
| Delaware | None | 1 day for residents; 4 days for nonresidents | 24 hours; 96 hours if both spouses are nonresidents | 30 days | birth certificate | Male-18 (e) Female-16 (e) | 18 yrs | $35 | |
| DC | X | 3 days | 5 days | Immediately | No provision | birth certificate | 16 (a) | 18 yrs | $35 |
| Florida | 3 days | 3 days | Immediately | 60 days | standard | 16 (a) (e) | 18 yrs | $88.5 / $56 if couple takes 4 hr course | |
| Georgia | X | None | Immediately | No provision | standard | 16 (e,k) | 18 yrs | $30.00 - $40.00 | |
| Hawaii | None | Immediately | 30 days | standard | 15 (k) | 18yrs | $50 | ||
| Idaho | None | Immediately | No provision | standard | 16 (c) | 18yrs | $28 | ||
| Illinois | None | 1 day | 1 day | 60 days | standard | 16 (o) | 18yrs | $15 - $30 | |
| Indiana | X | None | 3 days in some counties | Immediately | 60 days | standard & proof of residency | 17 (e) | 18 yrs | $18 |
| Iowa | 3 days | 3 days from time of application | Immediately | No provision | standard | 16 (k) | 18 yrs | $30 | |
| Kansas | 3 days | 3 days from time of application | Immediately | 6 months | social security card | Male-14 (k) Female-12 (k) | 18 yrs | $50 | |
| Kentucky | None | Immediately | 30 days | standard | 18 (k) | 18 yrs | $35 | ||
| Louisiana | None | 3 days | 3 days | 30 days | B/C SSC | 18 (c) | 18 yrs | $25 | |
| Maine | 3 days | 3 days from time of application | Immediately | 90 days | standard | 16 (c) | 18 yrs | $20 | |
| Maryland | None | 2 days | 2 days | 6 months | 18-20 D/L or B/C | 16 (e,r) | 18 yrs | $35 - $55 | |
| Massachusetts | X | 3 days | 3 days from time of application | Immediately | 60 days | standard | Male-14 (k) Female-12 (k) | 18 yrs | $4 - $25 |
| Michigan | 3 days | 3 days from time of application | Immediately | 33 days | standard (B/C) | 16 | 18yrs | $20 (MI resident) / $30 (not MI resident) | |
| Minnesota | 5 days | 5 days from time of application | Immediately | 6 months | 18-21 requires B/C | 16 (k) | 18 yrs | $70 / $20 (if premarital education completed) | |
| Mississippi | X | 3 days | 3 days | Immediately | No provision | consent for under 21 | (g,k) | 21 yrs | $21 |
| Missouri | 3 days | 3 days from time of application | Immediately | No provision | standard | 15 (u) | 18 yrs | $50 | |
| Montana | X | None | Immediately | 180 days | standard | 16 (k) | 18 yrs | $30 | |
| Nebraska | None | Immediately | 1 year | SSC - req. age 19 | 17 | 19 yrs | $15 | ||
| Nevada | None | Immediately | 1 year | none | 16 (c) | 18 yrs | $50 | ||
| New Hampshire | 3 days | 3 days from time of application | Immediately | 90 days | standard | Male-14 (v) Female-13 (v) | 18 yrs | $45 | |
| New Jersey | 72 hours | 72 hours | Immediately | 30 days | standard | 16 (c,e) | 18 yrs | $28 | |
| New Mexico | X | None | Immediately | No provision | B/C for under 21 | 16 (e,u) | 18 yrs | $25 | |
| New York | None | 24 hours from time of application | 24 hours | 60 days | standard | 16 (v) | 18 yrs | $20 - $30 | |
| North Carolina | None | Immediately | 60 days | B/C for under 21 | 16 (e) | 18 yrs | $40 | ||
| North Dakota | None | Immediately | 60 days | standard | 16 | 18 yrs | $35 | ||
| Ohio | 5 days | Immediately | 60 days | standard | Male-18 (k) Female-16 (c,e) | 18 yrs | $20 - $45 | ||
| Oklahoma | X | 72 hours if either applicant is under 18 | Immediately | 30 days | standard | 16 (c,e) | 18 yrs | $25 / $5 (if marriage education completed) | |
| Oregon | 3 days | 3 days | Immediately | 60 days | picture I.D | 17 (z) | 18 yrs | $60 | |
| Pennsylvania | 3 days | 3 days from time of application | Immediately | 60 days | social security | 16 (u) | 18 yrs | $25 - $40 | |
| Rhode Island | None | Immediately | 3 months | none | Ma1e-18 (u) Female-16 (u) | 18 yrs | $24 | ||
| South Carolina | 24 hours | 1 day from application | Immediately | No provision | standard | Male-16 (e) Female-14 (e) | 18 yrs | $25 | |
| South Dakota | None | Immediately | 20 days | standard | 16 (e) | 18 yrs | $40 | ||
| Tennessee | 3 days if either applicant is under 18 | Immediately | 30 days | standard | 16 (u) | 18 yrs | $31 - $45 | ||
| Texas | None | 72 hours | 72 hours | 31 days | standard (SSC) | 14 (k,v) | 18 yrs | $25 - $36 | |
| Utah | None | Immediately | 30 days | standard | 14 (a) | 18 yrs | $40 | ||
| Vermont | None | Immediately | 60 days | standard | 16 (k) | 18 yrs | $20 | ||
| Virginia | None | Immediately | 60 days | standard | 16 (a,e) | 18 yrs | $30 | ||
| Washington | None or up to 3 days | 3 days from time of application | Immediately | 60 days | standard | 17 (u) | 18 yrs | $37 - $52 | |
| West Virginia | None | Immediately | 60 days | standard & B/C | 18 (e) | 18 yrs | $23 | ||
| Wisconsin | 5 days | 6 days from time of application | Immediately | 30 days | standard & B/C | 16 | 18 yrs | $50 - $80 (includes $10 if waiting period is waived) | |
| Wyoming | None | Immediately | No provision | standard & B/C | 16 (u) | 18 yrs | $25 | ||
| Footnotes: a. Parental consent not required if minor was previously married. b. Other statutory requirements apply. c. Younger parties may marry with parental consent. c2. Younger parties may marry with parental and judicial consent. d. Waiting period may be avoided e. Younger parties may obtain license in case of pregnancy or birth of child. f. Parties must file notice of intention to marry with local clerk. g. No age limits h. When unmarried man and unmarried woman, not minors, have been living together as man and wife, they may, without health certificate, be married upon issuance of appropriate authorization. i. Venereal disease and rubella (for female) j. Residents, before expiration of 24 hour waiting period; non-residents, before expiration of 96 hour waiting period. k. Parental consent and/or permission of judge required. l. Unless parties are 18 years of age or more, or female is pregnant, or applicants are the parents of a living child born out of wedlock. m. Rubella for female; there are certain exceptions, and district judge may waive medical examination on proof that emergency exists. n. Applicants must receive information on AIDS and certify having read it. o. Judicial consent may be given when parents refuse to consent. p. Venereal diseases; test for sickle cell anemia given at request of examining physician. q. Any unsterilized female under 50 must submit with application for license a medical report stating whether she had immunological response to rubella, or a written record that the rubella vaccine was administered on or after her first birthday. Judge may by order dispense with these requirements. r. If parties are at least 16 years of age, proof of age and consent of parties in person are required. If a parent is ill an affidavit by the incapacitated parent and a physician's affidavit required. s. Doctor's certificate must be filed 30 days prior to notice of intention. t. Venereal diseases. In WV and OK, Circuit court judge may waive requirement u. Younger parties may obtain license in special circumstances. v. Below age of consent parties need parental consent and permission of judge, no younger than 14 for males and 13 for females. |
|||||||||
| State | Incentives for Marriage Preparation for Adults | Marriage Education-Adults | State Funding for Marriage Preparation and Support | Re-marriage waiting period (a, b) |
|---|---|---|---|---|
| Alabama | Law. 60 days. Section 30-2-10 (Code 1907, §3811; Code 1923, §7425;
Code 1940, T. 34, §38.) Source:
http://alisdb.legislature.state.al.us/ acas/ACASLogin.asp |
|||
| Alaska | Bill. HB270 introduced in May 1997 and later died in committee. It proposed a minimum of 4 hours of relationship counseling in 6-months immediately preceding application for marriage license; this would reduce the license fee by $275 (to $25); Source: Dawn Cassidy, National Council on Family Relations. | Bill. See Incentives for Marriage Preparation for Adults | ||
| Arizona | Bill. SB1409 (1997). Died in committee. Increases the total cost for
a marriage license from $33.80 to $98.80. Allows applicants for a marriage
license to pay a reduced fee of $33.80 if they complete premarital counseling
classes. Source:
http://www.azleg.state.az.us/
|
Law. State is funding a number of marriage preparation and support initiatives, such as the Marriage and Communication Skills Program (Program), vouchers for marriage skills training and a marriage handbook. Source: http://www.azleg.state.az.us/ legtext/44leg/2r/summary/s.2199fs_final.doc.htm, http://www.divorcereform.org/arimps.html | Law. HB2199 bill signed by governor on 04/28/00. Marriage Skills Program. Appropriates approximately $1million from the federal Temporary Assistance for Needy Families (TANF) block grant in FY 2000-2001 to the Department of Economic Security (DES) for a variety of marriage-related activities (see Marriage Education, adults). | |
| Arkansas | ||||
| California | Bill. AB3130 (1993). Failed the Assembly. Informational brochure should be provided to couples applying for a marriage license. The proposal would require the Judicial Council to create a pamphlet describing the legal rights and responsibilities related to marriage, which would be distributed by the County Clerk to couples applying for a marriage license. Source: http://www.uchastings.edu/plri/spring98/ marriage.html#26 | |||
| Colorado | ||||
| Connecticut | Bill. HB5404 introduced in January 1997. Marriage license applicants under 30 years of age and applicants who have never been married before must participate in at least 10 hours of premarital counseling before they can obtain a license. Did not pass. Source: http://www.divorcereform.org/cct.html | |||
| Delaware | ||||
| DC | ||||
| Florida | (1) Law. 1998 Marriage Preparation and Preservation Act. Florida Sec.
741.0305. License fee reduction (37%) for participation in marriage education.
Source:
http://www.smartmarriages.com/ movement.nytimes.html. (2) Law. Florida Sec. 741.0305. Couples must take a 4-hour class or wait three days before obtaining license. Source: http://www.smartmarriages.com/ movement.nytimes.html |
Couples given handbook prepared by Bar Association informing of rights and responsibilities under FL law; must sign statement that book read. Source: http://www.smartmarriages.com/ mcmanusflorida.html. Also see Incentives for Marriage Preparation for Adults | ||
| Georgia | ||||
| Hawaii | ||||
| Idaho | ||||
| Illinois | Bill. SB24 passes in the Senate in April 5, 2001 and sent to House. Couples that don't get four hours of marriage education would have to wait 60 days for their license. The plan gives exceptions to couples over age 55. It also would not apply to someone pregnant or suffering from a catastrophic illness, SB24 now goes to the House. Source: http://www.legis.state.il.us/scripts/ imstran.exe?LIBSINCWSB0024 | Bill. See Incentives for Marriage Preparation for Adults | ||
| Indiana | Law. S.B. 303, 109th Leg., 2d Sess. (Ind. 1996). Bill passed that would require premarital counseling. Source: http://www.uchastings.edu/plri/spring98/marriage.html#fn21 | |||
| Iowa | (1) Bill. Died in committee. House bill HF599 introduced in March 2001,
would establish premarital education that, if completed, would lower the
cost of a marriage license application from $70 to $5. Source:
http://www.legis.state.ia.us/GA/79GA/ Legislation/HF/00500/HF00599/Current.html (2) Bill. SF2106 and SA5093 (2002). The bill would encourage pre-marital education by lowering the marriage license fee for those that get pre-marital education/counseling and raising the fees and lengthening the waiting period to 30 days for those that choose not to get education/counseling. The current marriage license: $35 fee/3 day wait. Proposed license with premarital education/counseling: $20/3-day wait. Proposed marriage license without education/counseling: $50 /30 days wait. Source: http://www.legis.state.ia.us/ |
Bill. See Incentives for Marriage Preparation for Adults | ||
| Kansas | Bill. Senate Bill 320 (1998). Failed in Senate. No clerk or judge shall
issue a marriage license to a man and woman until they complete a program
in premarital counseling conducted by a licensed professional or an official
representative of a religious in-institution or have paid the fee as provided
in subsection. Source:
http://www.accesskansas.org/legislative/ fulltext/bills.cgi/bill/1998/320.html |
|||
| Kentucky | ||||
| Louisiana | ||||
| Maine | ||||
| Maryland | (1) Law. Family Law ( 2-404.1 ). HB20 proposed in 2001 passed in House
and Senate in April 2001 (previously vetoed in 1999) to discount marriage
license if couple completes a premarital preparation course. Source:
http://mlis.state.md.us/2001rs/billfile/HB0020.htm
(2) Bill. HB601 from 1996 and HB1253 from 1997. Both failed in House. Requires that a qualifying premarital course be no less than 4 hours. Source: http://mlis.state.md.us/ |
Law. See Incentives for Marriage Preparation for Adults | ||
| Massachusetts | ||||
| Michigan | (1) Bill. HB4631 (1997) was proposed that would require those applying
for a marriage license to complete pre-marital counseling; non-compliance
would result in a longer waiting period. Died in committee. Source:
http://www.divorcereform.org/mic.html.
(2) Bill. HB5164 (2001). Requires premarriage program or longer waiting period as prerequisites for issuance of a marriage license. Source: http://www.michiganlegislature.org/ (3) Bill. HB5153 and HB5165 (2001). Provides a tax credit for couples that participate in a qualified marriage education, enrichment or preservation program. Source: http://www.michiganlegislature.org. |
From funds appropriated in part 1 for emp. and training support svcs,
the family independence agency may expend up to $250,000.00 in TANF to fund
a marriage initiative. The dept. may choose providers to work with counties
that support and strengthen marriages of those eligible under the TANF
guidelines. Areas of work may include, but are not limited to, marital
counseling, domestic violence counseling, family counseling, effective
communication, and anger mgmt as well as parenting skills to improve the
family structure." Source:
http://archives.his.com/ smartmarriages/msg01567.html |
||
| Minnesota | Law. As of August 2001, $50 license fee reduction for attending 12-hour premarital education course including communications and conflict management skills. Previous attempt in 2000 vetoed by governor because it was viewed as intrusive into people's lives. The current bill was passed because unlike the previous one it was part of larger appropriations bill. Source: http://archives.his.com/smartmarriages/msg01505.html | Law. See Incentives for Marriage Preparation for Adults | ||
| Mississippi | Law. S.B. 2558, 1996 Leg., Reg. Sess. (Miss. 1996). Bill requiring premarital counseling passed. Source: http://www.uchastings.edu/plri/spring98/marriage.html#III.A.(2) | |||
| Missouri | ||||
| Montana | ||||
| Nebraska | ||||
| Nevada | ||||
| New Hampshire | ||||
| New Jersey | ||||
| New Mexico | Bill. SB491 introduced in 2001 that would give people who complete premarital preparation courses a $100 tax credit. Died in committee. http://legis.state.nm.us | Bill. See Incentives for Marriage Preparation for Adults | ||
| New York | ||||
| North Carolina | ||||
| North Dakota | ||||
| Ohio | ||||
| Oklahoma | Law. Added by Laws 1999, H.B. 1180 c. 174. § 2, effective November
01,1999. Completion of premarital counseling reduces marriage license fee
from $25.00 to $5.00; Source:
http://www.oscn.net/applications/ oscn/deliverdocument.asp?citeID=104402. |
2000 marriage initiative offers relationship skills workshops to unmarried and married couples. Workshops for unmarried ones aim to help them make wiser marriage choices. Source: Theodora Ooms Testimony. Also see Incentives for Marriage Preparation for Adults. | Governor Keating announced on March 21, 2000 that he would be using $10
million in federal welfare block-grant funds to encourage healthy, stable
marriages as a means of reducing divorce, out-of-wedlock births. Source:
http://www.smartmarriages.com/ tanf.oklahoma.html |
Law. 6 months. Statute 43-3. Source: http://www.cyberstation.net/paralegal/okla.htm |
| Oregon | ||||
| Pennsylvania | ||||
| Rhode Island | ||||
| South Carolina | ||||
| South Dakota | Bill. HB1266 (2000). Proposed a marriage fee reduction if couples complete a premarital course. Source: http://legis.state.sd.us/sessions/ 2000/bills/HB1266HST.htm | Bill. See Incentives for Marriage Preparation for Adults | ||
| Tennessee | Bill. Bill HB1334/SB0899 (2000) would waive an added $62.50 license fee that finances a plan to educate divorcing parents about the effects of divorce if they attend a premarital preparation course. Source: http://www.smartmarriages.com/tennessee.html | Bill. See Incentives for Marriage Preparation for Adults | ||
| Texas | Law. See State Funding for Marriage Preparation and Support | Law. In 1999, the Governor signed Bill HB2442 increasing the marriage
license fee by $5 to create a premarital education manual to be distributed
to all marrying couples and to fund new premarital and marital education
research. Source:
http://archives.his.com/smartmarriages/ msg00797.html |
Law. Section § 6.801 (Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997) 30 days. Source: http://www.cyberstation.net/paralegal/ texas.htm | |
| Utah | (1) One of the Governor's Commission on Marriage's projects is development
of a 24-minute video for couples anticipating marriage or re-marriage. Source:
http://www.smartmarriages.com (2) Bill. HB58 (1999). Failed in House. Amending
the premarital counseling statute to provide for the county governing bodies
to provide premarital education before the issuance of a marriage license.
Source:
http://www.le.state.ut.us/~1999/ htmdoc/hbillhtm/HB0058S1.htm |
In 2001, Governor's Commission on Marriage received $600,000 in TANF funds to help strengthen marriages. Funded projects include videos for couples marrying, counseling and other services for fragile families, a marriage enrichment web site, and activities during marriage week. Source: http://www.smartmarriages.com | ||
| Vermont | ||||
| Virginia | Bill. Died in committee (2001). Would require people to go through eight hours of premarital counseling before obtaining a marriage certificate. Source: http://leg1.state.va.us/ | |||
| Washington | ||||
| West Virginia | ||||
| Wisconsin | Bill. Bill AB-574 (2000). Requiring premarital counseling to obtain a marriage license. Source: http://www.legis.state.wi.us | (1) Law. Act 9 (1999). In 2000, the legislature designated $210,000 in
unspent TANF funds to create the Community Marriage Policy Project to coordinate
and assist local members of clergy to develop community-wide standards for
marriage. Source:
http://www.marriagemovement.org/ html/report.html.
(2) In November 1999, House Speaker Scott Jensen was successful in enacting
a full-time position within the state to work on establishing Community Marriage
Policies as part of the program. Source:
http://www.empowermentnetwork.com/ |
Law. Statute, Chapter 765.03(2). 1971 c. 220; 1977 c. 8, 83, 203; 1979 c. 32 s. 48; Stats. 1979 s. 765.03. 6 months. Source: http://www.co.portage.wi.us/ | |
| Wyoming | ||||
| (a) Re-marriage waiting period: Law requires a
minimum waiting period from the date divorce is granted prior to filing for
re-marriage. (b) A blank box in the Re-marriage waiting period column denotes that no re-marriage period exists in that state. |
||||
| State | State EITC by Percent of Fed. Credit and whether Refundable (2000)(a) | Tax Threshold (2000) for Married 2 parent family of 4 (c) | Tax Threshold (2000) 1 parent family of 3 (c) | State Policies to Address Marriage Penalty(d) |
|---|---|---|---|---|
| Alabama | $4,600 | $4,600 | Joint rate schedule(e) | |
| Alaska | N/A | N/A | N/A--no income tax | |
| Arizona | $23,600 | $20,100 | Joint rate schedule(e) | |
| Arkansas | $15,600 | $13,000 | Can file separately(f) | |
| California | $36,800 | $35,000 | Joint rate schedule(e) | |
| Colorado | 10%-R | $27,900 | $24,400 | Joint rate schedule |
| Connecticut | $24,100 | $19,100 | N/A-flat tax | |
| Delaware | $20,300 | $14,700 | Can file separately(f) | |
| District of Columbia | 10%-R | $18,600 | $14,900 | Can file separately(f) |
| Florida | N/A | N/A | N/A--no income tax | |
| Georgia | $15,300 | $12,100 | May face penalty | |
| Hawaii | $11,000 | $9,200 | Joint rate schedule(e) | |
| Idaho | $20,100 | $14,900 | Joint rate schedule(e) | |
| Illinois | 5%- NR | $14,000 | $12,500 | N/A-flat tax |
| Indiana | $9,500 | $9,000 | N/A-flat tax | |
| Iowa | 6.5%- NR | $17,400 | $17,400 | Can file separately(f) |
| Kansas | 10%-R | $21,100 | $20,200 | May face penalty |
| Kentucky | $5,400 | $5,000 | Can file separately(f) | |
| Louisiana | $13,000 | $11,000 | Joint rate schedule(e) | |
| Maine | 5%- NR | $23,100 | $20,600 | Joint rate schedule |
| Maryland | 10% -R or 50%-NR | $25,200 | $24,600 | May face penalty |
| Massachusetts | 10%-R | $20,600 | $19,000 | N/A-flat tax |
| Michigan | $12,800 | $9,900 | N/A-flat tax | |
| Minnesota | ~29%- R (b) | $26,800 | $25,600 | Joint rate schedule |
| Mississippi | $19,600 | $14,400 | Can file separately(f) | |
| Missouri | $14,100 | $12,500 | Can file separately(f) | |
| Montana | $9,500 | $7,800 | Can file separately(f) | |
| Nebraska | $18,900 | $15,400 | Joint rate schedule | |
| Nevada | N/A | N/A | N/A--no income tax | |
| New Hampshire | N/A | N/A | N/A--no income tax | |
| New Jersey | 10%- R (Inc <20K) | $20,000 | $20,000 | May face penalty |
| New Mexico | $21,000 | $18,000 | May face penalty | |
| New York | 22.5%- R | $23,800 | $22,600 | Joint rate schedule |
| North Carolina | $17,000 | $13,900 | Joint rate schedule | |
| North Dakota | $19,000 | $15,300 | May face penalty(g) | |
| Ohio | $12,700 | $10,200 | May face penalty | |
| Oklahoma | $13,000 | $9,300 | May face penalty | |
| Oregon | 5%- NR | $14,800 | $12,700 | Joint rate schedule(e) |
| Pennsylvania | $28,000 | $21,500 | N/A-flat tax | |
| Rhode Island | 26%- NR | $25,900 | $24,400 | May face penalty(g) |
| South Carolina | $21,400 | $17,700 | May face penalty | |
| South Dakota | N/A | N/A | N/A--no income tax | |
| Tennessee | N/A | N/A | N/A--no income tax | |
| Texas | N/A | N/A | N/A--no income tax | |
| Utah | $15,800 | $12,800 | Joint rate schedule(e) | |
| Vermont | 32%- R | $26,800 | $25,500 | May face penalty(g) |
| Virginia | $17,100 | $14,200 | Can file separately(f) | |
| Washington | N/A | N/A | N/A--no income tax | |
| West Virginia | $10,000 | $10,000 | May face penalty | |
| Wisconsin | 4%-43% (1-3 children)- R | $20,700 | $17,700 | Joint rate schedule |
| Wyoming | N/A | N/A | N/A--no income tax | |
| (a) Source:
http://www.cbpp.org/10-18-01sfp.htm
(b) Source: http://www.cbpp.org/3-1-01sfp.pdf . Most states with EITCs (except MN) give a percent of the federal credit, so if a family is eligible for the federal EITC it is generally eligible for the state one. Minnesota's refund amount varies by earnings. (c) Income at which families begin paying taxes; Source: http://www.cbpp.org/3-1-01sfp-pr.htm (d) Source: http://www.cbo.gov/showdoc.cfm?index=7&sequence=8 (e) States fully eliminate marriage penalty by allowing married couples to use rate brackets twice as wide as those available to single filers. (f) Couples may face a penalty if they choose to file jointly when permitted to file separately. (g) States levy a state tax as a percentage of the federal tax and thus impose a penalty proportional to the penalty at the federal level. |
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| State | Medicaid: Two-parent family eligibility based solely on financial circumstances (a) | Medicaid Income limits for Pregnant Women
(% FPL) (b) |
Expanded Health Care Coverage to two parent families (c) | TANF: Two-Parent Family Eligibility Based Solely on Financial Circumstances (f) | TANF: Provide Marriage Incentives | TANF: Marriage Promotion by State Workers | Child support arrearage forgiveness upon remarriage (g) |
|---|---|---|---|---|---|---|---|
| Alabama | X | 133 | X | Disregards the earned income of a new or reconciling spouses for three months. Source: Family Assistance Policy Manual, Section 3215C. | |||
| Alaska | X | 200 | X | ||||
| Arizona | X | 140 | Medicaid income disregard.(d) Covers parents through SCHIP. | ||||
| Arkansas | 133 | X | |||||
| California | X | 300 | Medicaid income disregard. Covers parents through SCHIP. | ||||
| Colorado | X | 133 | X | ||||
| Connecticut | X | 185 | X | ||||
| Delaware | X | 200 | Expanded coverage through Medicaid 1115 waiver (e) | X | |||
| District of Columbia | X | 200 | Medicaid income disregard | ||||
| Florida | 185 | X | |||||
| Georgia | X | 235 | |||||
| Hawaii | X | 185 | Expanded coverage through Medicaid 1115 waiver | X | |||
| Idaho | X | 133 | X | ||||
| Illinois | X | 200 | X | ||||
| Indiana | X | 150 | |||||
| Iowa | X | 200 | X | ||||
| Kansas | X | 150 | X | ||||
| Kentucky | 185 | ||||||
| Louisiana | 133 | X | |||||
| Maine | 200 | Medicaid income disregard | Stepparents of TANF children have the option to be included or excluded from the TANF program. Source: FY 2000 State TANF Report to ACF. | ||||
| Maryland | X | 200 | X | ||||
| Massachusetts | X | 200 | |||||
| Michigan | X | 185 | X | ||||
| Minnesota | X | 275 | Expanded coverage through Medicaid 1115 waiver; Medicaid income disregard; covers parents through SCHIP. | X | Stepparents are required to be included as eligible members in a TANF assistance unit. Source: Minnesota State Plan. | ||
| Mississippi | X | 185 | (1) Disregard the income of a stepparent in determining a household's
eligibility for welfare for the first six months after the couple marries.
Source: http://www.brook.edu/ dybdocroot/press/REVIEW/ summer2001/horn.htm |
(2) Bill. SB2834 (1999 Regular Session). Died in Committee. The Department
of Human Services may make a one-time lump-sum payment to any TANF participant
who becomes disqualified for TANF assistance payments as a result of getting
married. Source: http://billstatus.ls.state.ms.us/documents/ 1999/html/SB/2800-2899/SB2834IN.htm |
|||
| Missouri | X | 185 | Expanded coverage through Medicaid 1115 waiver | ||||
| Montana | X | 133 | Medicaid income disregard | X | |||
| Nebraska | 185 | X | |||||
| Nevada | X | 133 | X | ||||
| New Hampshire | 185 | ||||||
| New Jersey | X | 185 | Covers parents through SCHIP. | X | Since 1992, the state has excluded a non-needy stepparent's income in computing the grant, provided the household income does not exceed 150% poverty. Source: Dennis Minkler/Frank Ceruto, ACF regional office. | ||
| New Mexico | X | 185 | Medicaid income disregard | X | |||
| New York | X | 185 | Medicaid income disregard | X | |||
| North Carolina | X | 185 | X | ||||
| North Dakota | 133 | Disregard the income of a stepparent in determining a household's eligibility
for welfare for the first six months after the couple marries. Source:
http://www.brook.edu/dybdocroot/ press/REVIEW/summer2001/horn.htm |
|||||
| Ohio | X | 185 | Medicaid income disregard | X | |||
| Oklahoma | 185 | Medicaid income disregard | Disregard all income of the new spouse for 3-6 months. Source: Stoltzfus
et al. (2000). State will combine the income of cohabiting, but unmarried,
couples to determine a household's eligibility for welfare. Combining Cohabitors'
income will likely decrease their benefits, thus discouraging cohabitation
and presumably encouraging marriage. Source:
http://www.brook.edu/dybdocroot/ press/REVIEW/summer2001/horn.htm |
Training for state workers (e.g. public health nurses, social workers)
to help them teach marriage skills courses at the community level. Courses
not restricted to TANF recipients. Caseworkers encouraged to discuss/mention
marriage with clients. Source: http://www.heritage.org/library/ backgrounder.bg1421.html; and Jerry Regier |
|||
| Oregon | X | 170 | Expanded coverage through Medicaid 1115 waiver; Medicaid income disregard; State provides coverage through state-only program (FHIAP) | ||||
| Pennsylvania | 185 | Medicaid income disregard | |||||
| Rhode Island | X | 250 | Medicaid income disregard; covers parents through SCHIP; State provides coverage through state-only program | X | |||
| South Carolina | X | 185 | X | ||||
| South Dakota | X | 133 | |||||
| Tennessee | 185 | Expanded coverage through Medicaid 1115 waiver | Those who marry can continue to qualify for assistance and may either include or exclude the spouse from assistance group. If including the spouse in the group, his/her income is disregarded if it is below 185 percent of the need standard for the household. Source: Nancy Daugherty, Tennessee Dept. Of Human Services. | Holds harmless child support arrearage owed by a father who marries the
mother of his children, as long as he continues to reside in the home. (Same
holds true if a woman owing child support marries the father of her children.
Source: http://www.welfarereformer.org/ states/tn-wvr.htm |
|||
| Texas | X | 133 | X | ||||
| Utah | 133 | X | |||||
| Vermont | X | 200 | Expanded coverage through Medicaid 1115 waiver; Medicaid income disregard | X | Law. If arrearages accrue after support rights have been assigned and the obligor and obligee subsequently reunite, the office of child support may not take any action to collect the support arrearages, unless the reunited family has a gross income equal to or greater than 225 percent of poverty, as defined by the United States Office of Health and Human Services. Source: Vermont Statutes : TITLE 33 Human Services : PART 3 Programs and Services for Children and Youth : CHAPTER 41. OFFICE OF CHILD SUPPORT : § 4106. Assignment of rights. (e) | ||
| Virginia | X | 133 | X | ||||
| Washington | X | 185 | Medicaid income disregard; State provides coverage through state-only program | Bill. HB5497 (1998-1999). Died in committee. Public assistance, benefit
program to encourage recipients to marry. Provides that, if a recipient of
public assistance marries and lives with and remains married to his or her
spouse as a legally married couple for twelve months, the recipient shall
receive a lump sum check at that time from the state for four times the monthly
financial benefit level he or she would have received immediately following
the marriage had he or she remained on public assistance. Source:
http://www.leg.wa.gov/pub/billinfo/ 1997-98/top_index_full_report.txt |
|||
| West Virginia | 150 | X | Adds a $100 marriage incentive payment to the monthly cash benefit of any family that includes a legally married man and woman who live together. Source: Stoltzfus et al., (2000) | ||||
| Wisconsin | 185 | Expanded coverage through Medicaid 1115 waiver; Coverage of parents through SCHIP; Medicaid income disregard | X | ||||
| Wyoming | 133 | Medicaid income disregard | X | ||||
| a/ Source:
http://www.spdp.org./medicaid/table_7.htm;
As of March 1, 2000, California waived the 100-hour and work history rules
for any new applicant family with net earnings below 100 percent of the federal
poverty level. b/ Source: Kaiser Family Foundation Health Facts Online at http://www.statehealthfacts.kff.org; The minimum limit is 133% of the FPL or whatever level the state had in place in December 1989 (which ever is higher). This amount ranges from 133 to 185% FPL c/ Source: http://statecoverage.net/pdf/issuebrief500.pdf d/ The Federal government requires states to disregard $90 in monthly income for applicants' work-related expenses; under Section 1931, states have the option to expand income disregards effectively increasing Medicaid eligibility. The states noted have income disregards above the mandated $90. e/ Section 1115 of the Social Security Act gives HHS broad authority to waive provisions in the Medicaid statute (Title XIX). Those expansions noted here aim to expand eligibility. f/ Source: http://www.spdp.org./tanf/categorical/2parent.pdf. Two-parent families are not subject to the work history or 100-hour rules. This enables two-parent and single-parent families to be treated the same. NOTE: Some states have more generous eligibility rules for TANF than for Medicaid (which explains why columns 1 and 5 do not match). g/ Child support arrearages are forgiven if the non-custodial par | |||||||