2001 House Bill 5168

Introduced in the House

Oct. 9, 2001

Introduced by Rep. Joanne Voorhees (R-77)

To modify the current no-fault divorce system to require a court to use one of four different methods for granting a divorce. First, a court may grant a no-fault divorce to couples who file a sworn statement that both voluntarily consent to divorce, and if they are parents, have taken the divorce-effects-on-children course required by House Bill 5166, and have in place the parenting plan required by House Bill 5167. Second, a court may grant a divorce in order to prevent likely harm to a minor child who resides in the home of one of the spouses. Third, a court may grant a plaintiff’s petition for a nonconsensual divorce without good cause, but the defendant could be given a "disproportionate portion" of the marriage property. Finally, a court may grant a divorce because one party proves that the conduct of the other has caused a breakdown in the marriage relationship, in which case the first party could be given a "disproportionate portion" of the marriage property. The bill is part of a legislative package comprised of House Bills 5153, and 5164 to 5168.

Referred to the Committee on Civil Law and the Judiciary