State Policies to Promote Marriage

Attachment A

Detailed Matrices

Contents

Tables

  1. Campaigns, Commissions, and Proclamations
  2. Divorce Laws and Procedures
  3. Divorce Laws and Procedures
  4. State Requirements for Marriage Licenses and Ceremonies
  5. Marriage and Relationship Preparation and Education
  6. State Tax Policies
  7. Cash Assistance Policies
  8. Medical Policies
  9. State Vital Statistics
  10. Marriage Support and Promotion
  11. Youth Education and Development
  12. Specialty Programs

Note:  The web addresses below were valid at the time the report was prepared.
They may have changed since then.

Table 1:
Campaigns, Commissions, and Proclamations
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. HB5545 (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 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: http://www.clasp.org/
pubs/familyformation/toomstestimony.htm (Ooms Congressional Testimony, 2001).

Also creating a media campaign to highlight marriage-building skills. Source: http://www.clasp.org/
pubs/familyformation/toomstestimony.htm (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/
FirstLady/html/marriage_commission.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      

[ Go to Contents ]

Table 2:
Divorce Laws and Procedures
State No Fault Sole Ground No-Fault Grounds Added to Fault-Based Divorce No-Fault Modifications Covenant Marriage Mandatory Education on Effects of Divorce Joint Legal Custody Presumption Laws (a)
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: 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 Xc (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. H.B. 2536 (2001). Allows for existing marriages be converted to covenant status more easily. Husband and wife are not required to undergo additional counseling and no additional ceremony is required. Source: http://www.azleg.state.az.us/legtext/bills.htm and http://www.divorcereform.org

Law. H.B. 2026 (2001). Divorce suits must state whether the marriage is a covenant marriage. Source: http://www.divorcereform.org

 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_Web_Site_LCO.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.

Bill. HB 17 (2001). Proposed that one year separation be required for no-fault divorce. In covenant marriages.

Source: http://www.divorcereform.org/cov.html

   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 (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

Bill. S.B. 384. Proposed in Senate, 2002. Source: http://www.divorcereform.org

   X
Iowa X     Bill. Senate File 353 and File 2106. 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

Law H.B. 234 (2001). Anyone getting a marriage license shall be given a written summary of Louisiana’s divorce laws and its covenant marriage law. Source: http://www.divorcereform.org

   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. HB5165 (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

Bill. H.F. 56 (2001). Proposed that a five-year separation required for no-fault divorce in covenant marriages. Source: http://www.divorcereform.org/cov.html

 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

Bill. H.B. 1878/S.B. 698 (2002). Source: http://www.divorcereform.org

 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. Failed. 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   Bill. H.B. 733 (2001). Proposed the elimination of no-fault divorce for covenant marriages. Source: http://www.divorcereform.org/cov.html (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. 481 (2001). Would have abolished “incompatibility” as grounds for divorce. Failed.

Bill. S.B. 1115, 46th Leg., 2d Sess. (Okla. 1997); H.B. 2208, 46th Leg., 2d Sess. (Okla. 1997). Died in committee. Oklahoma Covenant Marriage bill.

Bill. H.B. 2641 (2001). Proposed increased counseling for covenant marriages (accompanied by a license fee reduction) and limited grounds for divorce for all covenant marriages.

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

Bill. S.B. 1259 (2001). A joint resolution to establish the South Carolina covenant marriage study committee.

Bill. S.B. 138 (2001). Proposed a two-year separation before no-fault divorce in covenant marriages.

Bill. S.B. 206 (2001). Proposed thirty-day waiting period for all covenant marriages.

Source: http://www.divorcereform.org/cov.html

   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

Bill. S.B. 70/H.B. 3526 (2001). Proposed three-year separation before no-fault divorce for covenant marriages. Source: http://www.divorcereform.org/cov.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, National Council on Family Relations 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
Notes:
a/ States with "X" have presumption in favor of joint legal custody of children if both parents agree. Source: http://www.abanet.org/family/familylaw/table2.html

Table Sources:

  • Cassidy, Dawn. National Council of Family Relations. Correspondence with author. September 19, 2001.
  • National Center for Children in Poverty, 1999. State Initiatives to Encourage Responsible Fatherhood, 1999 Edition. Columbia University: New York, N.Y.

[ Go to Contents ]

Table 3:
Divorce Laws and Procedures
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) Source: http://www.legislature.state.al.us/    
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 Source: http://www.legis.state.ak.us/ See Education on Effects of Divorce  
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). Source: http://www.azleg.state.az.us/
ars/25/00312.htm		 See (1) Education on Effects of Divorce and (2) No-fault Modifications  
Arkansas Law. 3 months. (Code 9-12-307). Source: http://www.arkleg.state.ar.us/newwebcode/
lpext.dll?f=templates&fn=main-j.htm&2.0		 The venue requirements may be waived in Arkansas if the parties have already been living separately for at least 12 months. Otherwise, the parties must wait 30 days before the decree can be entered. (Code 9-12-310). Source: http://www.arkleg.state.ar.us/newwebcode/
lpext.dll?f=templates&fn=main-j.htm&2.0		 See Education on Effects of Divorce  
California Law. 6 months. Family Code Section 2330-2348. Source: http://www.cyberstation.net/paralegal/calif.htm 6 months (Family Code Section 2320-2322) Source: http://www.cyberstation.net/
paralegal/calif.htm		 See No-fault Modifications 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). Source: http://www.state.co.us/gov_dir/stateleg.html See Education on Effects of Divorce  
Connecticut   1 year (Sec. 46b-44). Source: http://www.cga.state.ct.us/ See Education on Effects of Divorce  
Delaware   6 months (Title 13, Chapter 15) Source: http://www.legis.state.de.us/
Legislature.nsf/?Opendatabase		    
District of Columbia   6 months (Title 16, Chapter 9) Source: http://www.dccouncil.washington.dc.us/   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
  Minimum Period Until Divorce is Granted (a) Residency Requirement (c)    
Florida   6 months (Chapter 741) Source: http://www.leg.state.fl.us/
Welcome/index.cfm		 See Education on Effects of Divorce  
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) Source: http://www.ganet.org/services/newleg/ See No-fault Modifications  
Hawaii   6 months (Chapter 580) Source: http://www.capitol.hawaii.gov/
site1/docs/docs.asp		 See Education on Effects of Divorce  
Idaho   6 weeks (§§ 32-501 through 32-901) Source: http://www2.state.id.us/legislat/legislat.html    
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). Source: http://www.cyberstation.net/
paralegal/state_law.html		 See Education on Effects of Divorce  
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]. Source: http://www.state.in.us/legislative/
ic/code/title31/ar15/ch2.html		    
Iowa Law. Section 598.19. 90 days. Source: http://www2.legis.state.ia.us/
IACODE/1999/598/19.html		 1 year (Chapter 598). Source: http://www2.legis.state.ia.us/
IACODE/1999/598/19.html		 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) Source: http://www.accesskansas.org/legislative/ See (1) Education on Effects of Divorce and (2) 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 (1999).
Kentucky   180 days (KRS Chapter 403.00) Source: http://www.lrc.state.ky.us/legislat/legislat.htm See Education on Effects of Divorce  
Louisiana Law. 180 days. Source: http://www.legis.state.la.us/tsrs/
tsrs.asp?lawbody=RS&title=13&section=3491		 6 months (Title 5, Chapter 1) Source: http://www.legis.state.la.us/    
Maine   6 months (Title 19, Chapter 130) Source: http://janus.state.me.us/legis/    
Maryland   1 year (§§ 8-101 through 8-213) Source: http://mlis.state.md.us/ 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]. Source: http://www.state.ma.us/
legis/laws/mgl/gl-208-toc.htm		    
Michigan   6 months (Chapter 552) Source: http://www.michiganlegislature.org/ See (1) Education on Effects of Divorce and (2) No-fault Modifications  
Minnesota   180 days (Chapter 518) See Education on Effects of Divorce  
Mississippi   6 months (Title 93, Chapter 5) Source: http://www.peer.state.ms.us/    
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) Source: http://www.cyberstation.net/
paralegal/state_law.html		 See Education on Effects of Divorce 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 (1) No-fault Modifications and (2) 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) Source: http://statutes.unicam.state.ne.us/
Corpus/Statutes/chap42/R4203049.html		 See Education on Effects of Divorce  
Nevada   6 weeks (NRS 125.020) Source: http://www.leg.state.nv.us/    
New Hampshire   1 year (Title 43, Chapter 458) See (1) Education on Effects of Divorce and (2) No-fault Modifications  
New Jersey   1 year    
New Mexico   6 months See Education on Effects of Divorce Law. 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) Source: http://www.legislature.state.oh.us/search.cfm    
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) Source: http://www.cyberstation.net/
paralegal/state_law.html		 Bill. SB 28 (2001). Would have abolished “incompatibility” as grounds for divorce when there were children under 18. Failed. Source: http://www.divorcereform.org

Also, see Waiting Periods before Divorce is Granted

  
Oregon Law. Title 11-107. 90 days. Source: http://www.cyberstation.net/paralegal/state_law.html 6 months (Title 11-107) http://www.cyberstation.net/
paralegal/state_law.html		    
Pennsylvania   6 months (Title 23, Part 3) Source: http://www.legis.state.pa.us/ 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]. Source: http://www.cyberstation.net/
paralegal/SCarolin.htm		    
South Dakota   None (§ 25-4-30) Source: http://legis.state.sd.us/index.cfm    
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) Source: http://www.legislature.state.tn.us/ (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) Source: http://www.cyberstation.net/
paralegal/state_law.html		 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) Source: http://www.cyberstation.net/
paralegal/state_law.html		 See Education on Effects of Divorce Law. 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) Source: http://www.cyberstation.net/
paralegal/state_law.html		 See Education on Effects of Divorce  
Virginia Bill. H.B. 2132 (2001). Would have increased the waiting period from one to two years. Failed. Source: http://www.divorcereform.org. 6 months (§§ 20-96, 20-97) Source: http://legis.state.va.us/vaonline/v.htm See (1) No-fault Modifications and (2) 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) Source: http://www.cyberstation.net/
paralegal/state_law.html		 See No-fault Modifications  
West Virginia   1 year (§§ 48-2-5 to 48-2-8) Source: http://www.legis.state.wv.us/    
Wisconsin   6 months (§§ 767.05, 767.083) Source: http://www.legis.state.wi.us/billtrack.html See Education on Effects of Divorce Law. 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) Source: http://www.cyberstation.net/
paralegal/state_law.html		    
Notes:
  1. Waiting period: period from the date one files for divorce and the date the court grants the divorce
  2. Blank cell under waiting period means that state has no waiting period
  3. Residency requirement is requirement for a spouse seeking divorce to be a resident of that state before filing for a divorce there. Source: http://www.abanet.org
Table Sources:
  • American Public Human Services Association (APHSA), 2001. State Efforts to Promote Marriage, Family Formation and Prevent Family Disintegration. APHSA: Washington, D.C.
  • National Center for Children in Poverty, 1999. State Initiatives to Encourage Responsible Fatherhood, 1999 Edition. Columbia University: New York, N.Y.

[ Go to Contents ]

Table 4:
State Requirements for Marriage Licenses and Ceremonies
State Blood Test Waiting period between applying for and 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 18 yrs $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 - $97.50
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.
Table Sources:

[ Go to Contents ]

Table 5:
Marriage and Relationship Preparation and Education
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 (died)    
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. Senate Bill 1479 (2002). Currently on the Senate floor would permit counties to discount the marriage license fee for couples who complete a premarital education course. Source: http://www.senate.ca.gov. 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. Also see Incentives for Marriage Preparation for Adults.		    
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/

 Two Bills. See Incentives for Marriage Preparation for Adults (one died)    
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/

 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. See also Incentives for Marriage Preparation for Adults. 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 (died)    
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 Law. Bill HB1334/SB0899 (Originally passed in 2001, amended in 2002) imposes an added $62.50 license fee. The fee would divided with proceeds used to help finance the education of divorcing parents about the effects of divorce, child abuse prevention services, domestic violence prevention services, and to build the capacity of the statewide disability community to offer services to families and children with disabilities. $60 of this fee is waived if couples 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.org  
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/
policy/gov1.htm

 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/
marriage.htm
Wyoming        
Notes:
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.
Table Sources:
  • Cassidy, Dawn. National Council of Family Relations. Correspondence with author. September 19, 2001.

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Table 6:
State Tax Policies
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
Notes:
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.

[ Go to Contents ]

Table 7:
Cash Assistance Policies
State TANF: Two-Parent Family Eligibility Based Solely on Financial Circumstances a/ TANF: Provide Marriage Incentives TANF: Marriage Promotion by State Workers Child support arrearage forgiveness upon remarriage b/
Alabama X Disregards the earned income of a new or reconciling spouses for three months. Source: APHSA 2001 survey.    
Alaska X      
Arizona        
Arkansas X      
California        
Colorado X      
Connecticut X      
Delaware X      
District of Columbia        
Florida X      
Georgia        
Hawaii X      
Idaho X      
Illinois X      
Indiana        
Iowa X      
Kansas X      
Kentucky        
Louisiana X      
Maine   Stepparents of TANF children have the option to be included or excluded from the TANF program. Source: Maine Public Assistance Manual http://www.state.me.us/dhs/bfi/tanf/tanf3_40.htm.    
Maryland X      
Massachusetts        
Michigan X      
Minnesota X Stepparents are required to be included as eligible members in a TANF assistance unit. Source: APHSA 2001 survey.    
Mississippi   (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        
Montana X      
Nebraska X      
Nevada X      
New Hampshire        
New Jersey 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: http://newark.rutgers.edu/
~aviglian/mcbss/chap3.htm		    
New Mexico X      
New York X      
North Carolina X      
North Dakota   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: