Share
  • Digg
  • Reddit
  • Facebook
  • Delicious

Subscribe
Wednesday, February 11, 2009

House Bill 480: Making Breaking Up Harder to Do

posted by Susan Peterson at 09:04 AM

Rep. Warren Chisum is on a mission to save Texas families, and he’s gonna educate the family-splittin’ fight out of ’em.

“My goal is to reduce the breaking up of families because it’s the basis for our society,” Chisum says. “We have had in this state since the early ’70s something we call divorce for insupportability, which is basically no-fault, which encourages divorce. When you have minor children in the marriage, that should not be an option.”

Eliminating no-fault divorce, which allows couples to dissolve a marriage without accusing each other of a divorceable offense, has been a crusade of the religious right for years. Chisum’s contribution to the cause is HB 480, a bill “encouraging” couples with children to complete a 10-hour crisis marriage education course before or shortly after filing for a no-fault divorce.

If the couple still ends up in divorce court, the judge would be able to use their marriage-class attendance as a factor in dividing their estate and determining spousal support. That might not seem like much of an issue: Logically, husband and wife would be on equal footing in court because couples generally attend marriage courses together. But the bill authorizes a court, in deciding spousal support, to consider all “relevant factors,” including “whether either party has filed with the court a completion certificate for a crisis marriage education course.” This tidbit would essentially allow two people to use attendance in a marriage class against each other in divorce court.

HB 480 does not specify how or to what degree a court can use the marriage course as a mitigating factor. Chisum says it would be the court’s prerogative. “I trust the judges to make the fair call,” he says.

This bill would put more at stake than just the division of a couple’s earthly possessions and financial resources, however; it may also endanger battered women seeking divorce.

Chisum’s bill includes an exemption from marriage education for families where there is documented domestic violence. This requires victims to produce a police report, a restraining order, a doctor’s note or a sworn statement by a counselor or family violence advocate affirming there has been abuse—proof that courts don’t require now.

According to Andi Sloan, executive director of the Texas Advocacy Project, which provides free services to domestic-violence and sexual-assault victims, “Only 20 percent of domestic violence victims ever access domestic violence shelters. We’re talking about a very small percentage of victims who would even be able to fit into one of these categories.”

Sloan says domestic violence escalates around a divorce, so the legislation not only fails to protect victims, it puts them in more danger by throwing another obstacle between them and a way out. Moreover, some courts may interpret the marriage course certificate as a prerequisite for divorce. “They’re going to say, well, come back when you have it,” Sloan said. “Meanwhile, the victim and her children will be in a very dangerous situation for even longer.”

Chisum has a history with state-administered marriage education. Last session, he helped write and pass a law rewarding couples for completing an eight-hour marriage education course before the big day by waiving the state’s $60 marriage license fee and the 72-hour waiting period.

But HB 480 requires couples to foot the bill. The cost could range from $150 for a church-sponsored course up to $800 for a private course.

Comments

So is this a bad bill because we are encouraging people that made a life altering decision to attend some training or that they have to pay for it?

Posted by Rouse  on  02/11/09  at  11:08 AM

Just outlaw divorce while you are at it and see how many divorced legislators would run away from it.

Stupid bill. Chisum ought to work on something meaningful like lowering our electricity bills.

Posted by John Cobarruvias  on  02/11/09  at  04:17 PM

AND, you can bet there are $$ in the eyes of all kinds of shoddy “marriage educators” that will throw up shop to make money off this (not unlike the TONS of crappy “abstinence only” educators getting federal money ...makes me so mad!!!!!!!!

...like you need to spend extra money when you’re going through a divorce.

Posted by Nancy  on  02/11/09  at  04:23 PM

Is he still buying insurance policies on people with AIDS?

Posted by georgepwebster  on  02/19/09  at  08:56 PM

Nancy is on-target. Chisum’s seemingly looney bill would provide more money for his fundie base.

Posted by texun  on  02/20/09  at  11:54 AM

Post a Comment

Name:

Email:

Location:

URL:

Remember my personal information

Notify me of follow-up comments?

Submit the word you see below:




Coming to a Texas highway near you: License plate readers

Forrest Wilder | May 29, 2009

Deep in the Senate's version of the massive TXDoT bill is a provision that, if not stripped out in conference committee, will allow local, state and federal law enforcement agencies to install license plate reading cameras on Texas highways. The technology - already in widespread use in surveillance-crazy Britain - is very powerful, enabling the government to automatically photograph the license plates of moving vehicles and check the information against databases. If the system finds a "match," officers can be alerted.
Continue reading »

Get Floor Pass updates via e-mail.

E-mail address:

Senate Bill 690: Trimming the Grassroots

Reeve Hamilton | Apr 10, 2009

Karen Hall’s knees still haven’t recovered from gathering signatures door-to-door for an amendment to Bryan’s city charter. “Democracy is a messy business,” she says, “but we like it.”
Continue reading »

Comments

Read more Bad Bills »

Women to Watch: Rep. Kristi Thibaut, D-Houston

Bob Moser | Feb 04, 2009

After she lost her first campaign for a House seat from Houston in 2006, Kristi Thibaut showed up in Austin anyway. What she encountered, as she lobbied unsuccessfully for lower utility rates with fellow ACORN activists, was almost enough to make her wonder why she'd wanted that seat in the first place.
Continue reading »

3 Comments

Read more Capitol Profiles »

One Weekend a Month, Two Weeks a Year, Five Years in Jail

Forrest Wilder | Apr 22, 2009

Sometimes our legislators don't even know what's in their own bills. This morning, Rep. Dan Flynn (R-Van) discussed his House Bill 1165 before the Defense & Veterans Affairs Committee and it was evident that he hadn't read - or maybe didn't understand - what all was in it.
Continue reading »

4 Comments

Read more Fact Checks »