FLORIDA PASSES NATION'S
MOST SWEEPING REFORM OF MARRIAGE LAW
by Mike McManus May 16, 1998
Can a liberal Jew from Miami Beach (Rep.
Elaine Bloom) work with a conservative head of the Christian
Coalition in Florida (John Dowless) and produce a law that can cut
the divorce rate in Florida? As unlikely as it sounds, that's what
happened last week.
By a vote in the Florida House of 91 to
16, and a unanimous vote in the Senate, the Legislature passed the
"Marriage Preparation and Preservation Act of 1998." It is
the most sweeping and positive reform of both marriage and divorce
law of any state in decades.
The bill's opening words are both wise and
eloquent a rare feat in itself:
``Just as the family is the foundation of
society, the marital relationship is the foundation of a family.
Consequently, strengthening marriages can only lead to stronger
families, children and communities, as well as a stronger
economy.
``An inability to cope with stress from
both internal and external sources leads to significantly higher
incidents of domestic violence, child abuse, absenteeism, medical
costs, learning and social deficiencies, and divorce.
``Relationship skills can be
learned.
``Once learned, relationship skills can
facilitate communication between parties to a marriage and assist
couples in avoiding conflict. Once relationship skills are learned,
they are generalized to parenting, the workplace, schools
neighborhoods and civic relationships.
``By reducing conflict and increasing
communication, stressors can be diminished and coping can be
furthered. When effective coping exists, domestic violence, child
abuse, and divorce and its effect on children...are
diminished.
``The state has a compelling interest in
educating its citizens with regard to marriage and, if
contemplated, the effects of divorce,'' says Florida's new
bill.
Therefore, the bill, which is expected to
be signed by the governor, takes these new steps:
1. High school students must take a course
in ``marriage and relationship skill-based education.'' No state
ever made such a requirement.
2. Engaged couples are encouraged to take
a ``premarital education course'' of at least four hours which it
suggests include instruction on conflict resolution, communication
skills, financial responsibilities, children and parenting and data
on problems married couples face.
Those who take such a course from a church
or secular counselor can get a $32.50 reduction in the cost of
their marriage license, which normally costs between $88 and $200,
depending on the county. Each courthouse will have a roster of
houses of worship or counselors certified to give the
course.
Originally, the bill required
premarital preparation, but both conservatives and liberals did not
want government to interfere that much. However, both sides could
live with a strong encouragement, with the sweetener of a reduced
marriage license fee.
3. Each couple applying for a marriage
license will also be given a handbook prepared by the Bar
Association to inform couples of ``the rights and responsibilities
under Florida law of marital partners to each other and to their
children, both during a marriage and upon dissolution.'' For
example, it notes ``permanent relocation restrictions on parents''
caring for children in divorce. Both the man and woman must sign a
statement that they have read it, but are not tested on
it.
Rep. Bloom said, ``For many years I felt
we needed to give people an understanding of what the laws of
Florida are. If they knew they would be financially responsible for
the child forever,'' they might not be so quick to
divorce.
4. Couples with 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. The
course has existed for some time, but it is normally taken after a
divorce is final. Rep. Bloom says, ``We hope that by starting
early, within a month of filing a divorce petition, before it
becomes too adversarial, when parents see how children suffer
short-term and long-term detrimental economic, emotional and
educational effects,'' that couples will see it is easier and wiser
to make a marriage work than a divorce.
The Christian Coalition's Dowless adds,
``The state has given a challenge to the churches and synagogues.
They have a chance to step forward and register free courses at the
courthouse to help people who would not normally get
involved.
'' I predict Florida's law will inspire
many states to pass similar laws.
Copyright 1998 Michael J.
McManus
Mike McManus has been writing the ``Ethics
& Religion'' column since 1981. He is syndicated in more than
90 newspapers.