SB208 By Senator Whatley RFD Judiciary Rd 1 10-MAR-15

SYNOPSIS: Under existing law, a divorce may not be granted until 30 days after the filing of the complaint for divorce.

This bill would require the court to grant a divorce within 30 days of the filing of the complaint for divorce.

Under existing law, a divorce may not be granted until all issues of the marriage are resolved, including, but not limited to, the division of property and the determination of child custody.

This bill would separate the granting of a divorce from any issues of the marriage and would allow the court to grant a divorce without hearing and would allow the other marital issues to be decided at a later date.

Under existing law, neither party to a divorce may remarry, except to each other, within 60 days of the judgment granting the divorce.

This bill would provide that neither party to a divorce may remarry, except to each other, within 30 days of the judgment granting the divorce.

Under existing law, if an appeal to a divorce is made within 60 days of the judgment being entered then neither party may remarry, except to each other, during the pendency of the appeal.

This bill would provide that if an appeal is filed within 42 days of the divorce being granted the appeal would apply only to the issues at trial and would not stay the granting of the divorce.

A BILL TO BE ENTITLED AN ACT

To amend Sections 30-2-8.1 and 30-2-10 of the Code of Alabama 1975, relating to divorce; to allow the court to grant a divorce within 30 days of the filing of the complaint; to separate the granting of a divorce from any other marital issues; to allow the divorce to be granted without hearing; to provide that neither party to a divorce may remarry, except to each other, within 30 days of the judgment granting the divorce; and to provide that if an appeal is filed under certain conditions the appeal would apply only to the issues at trial and would not stay the granting of the divorce.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Sections 30-2-8.1 and 30-2-10 of the Code of Alabama 1975, are amended to read as follows:

§30-2-8.1.

"(a)(1) A court shall not enter a final judgment of divorce until after the expiration of within 30 days from of the date of the filing of the summons and complaint.

"(2) The judgment of divorce shall be in effect prior to any hearing regarding the division of property, determination of child custody, or other issues relating to the marriage. The divorce shall be considered a separate matter from the trial of the issues and shall be granted without hearing.

"(3) The grounds for granting the judgment of divorce shall be the irretrievable breakdown of the marriage; however the court may amend its grounds in the final judgment of divorce.

"(b) This section shall not restrict the power of the court to enter any temporary orders necessary prior to the expiration of the waiting period. The temporary orders may include, but shall not be limited to, temporary orders on custody, spousal or child support, visitation, exclusive occupancy of the marital residence, or restraining the parties.

§30-2-10.

"(a) When a judgment has been entered granting a divorce in this state, the court shall order that neither party shall again marry, except to each other, until 60 30 days after the judgment is entered, and that if an appeal is taken within 60 days, neither party shall again marry, except to each other, during the pendency of the appeal.

"(b) If an appeal is filed within 42 days of the divorce being granted the appeal shall apply only to the issues at trial and may not stay the granting of the divorce."

Section 2. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Domestic Relations

Marriage

Divorce

Appeals

Courts

Court, Circuit

Civil Procedure

Code Amended