Marital counseling.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0254

HOUSE BILL
NO.
HB0065

M
arital
c
ounseling.

Sponsored by:
Representative(s) Buchanan and Brechtel and Senator(s) Dockstader and Ross

A BILL

for

AN ACT relating to
marriage;

requiring premarital counseling before a couple may obtain a marriage license as
specified
; providing a waiting period before issuance of a marriage license for parties who fail to complete premarital counseling as specified;
requiring
marital
counseling before a married couple may obtain a divorce decree as specified;
providing a waiting period before issuance of a divorce decree for parties who fail to complete court ordered marital counseling as specified
;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S.
20
‑
1
‑
114 and
20
‑
2
‑
119
are

created to read:

20
‑
1
‑
11
4
.

Marital counseling required; exemption.

(a)

Prior to obtaining a marriage certificate under W.S. 20
‑
1
‑
103, a
couple shall complete at least three (3) hours of
pre
marital co
unseling as specified
in this section
. Prem
arital counseling under this section shall be condu
cted by a licensed professional. The licensed professional
conducting the premarital counseling course
shall a
pply a professionally accepted methodology of counseling as determined by the applicable board of the professional rendering the premarital counseling
.

(b)

A
pre
marital counseling course required under this section shall strive to achieve the goals of:

(i)

Strengthening marriages;

(ii)

Reducing the divorce rate;

(iii)

Reducing the physical, emotional and financial stresses associated with unhealthy marriages;

(iv)

Increasing the percentage of children who are raised by two
(2)
parents in a healthy marriage;

(v)

Increasing the percentage of married couples who are in healthy marriages;

(vi)

Increasing the percentage of premarital couples who are equipped with the skills and knowledge necessary to form and sustain a healthy marriage;

(vi
i)

Increasing public awareness about the value of healthy marriages and the skills and knowledge that can help couples form and sustain healthy marriages;

(viii
)

Increasing the percentage of women, men and children in homes that are
free of domestic violence.

(c
)

A premarital counseling
course
shall emphasize the core relationship areas of:

(i)

Communications;

(ii)

Finances;

(iii)

Children; and

(iv)

Conflict
r
esolution.

(d
)

A licensed professional
who
provides
pre
marital counseling to parties pursuant to subsection (a) of this section
shall provide a
signed and dated completion
certificate
to each couple who completes the course. The certificate shall include the name of the course, the name of the course provider, the names of the couple completing the course and the course completion date
.

(e
)

When submitting an application for a marriage license
to the county clerk
, if a party fails to provide a certificate of completion of a
pre
marital counseling course issued pursuant to this section, no license shall be issued
to the party
for one (1) calendar year from the date the application was submitted.
The provisions of this subsection shall be waived for any party who submits to the county clerk a certificate of completion of
pre
marital counseling
any time after applying for a
marriage license.

(
f
)

As used in this section "licensed professional" means
a person licensed under the applicable chapter of title 33 as a:

(i)

Psychiatrist;

(ii)

Psychologist;

(iii)

Professional counselor;

(iv)

Marriage and family therapist; or

(v)

Social worker.

20
‑
2
‑
119.

Marital
counseling required;
exemption
.

(a)

Prior to obta
ining a divorce decree under this
article, a couple shall complete at least three (3) hours of
marital
counseling as specified herein.
Marital
counseling under this section shall be conducted b
y
a licensed professional.
The licensed professional shall a
pply a professionally accepted methodology of counseling as determined by the applicable board of the professional rendering the premarital counseling
.
The court may exercise its discretion
in

order
ing
additional
marital
counseling sessions
upon a finding that additional
marital
counseling
will be beneficial to the parties
. In determining whether additional
marital
counseling will b
e beneficial to the parties
, the court shall consider the confidential report of the licensed professional
who counseled the parties
prepared pursuant to s
ubsection (
e
) of this section.

(b)

The court may issue a divorce decree without requ
iring the parties to complete

marital
counseling under subsection (a) of this
section if the court finds by clear and convincing evidence that
marital
counseling will not lead to a reconciliation of the parties.

(c
)

The
costs of the
marital
counseling shall be paid equally by both parties to the action unless the court determines that one
(1)

party
to the action is
indigent. If one
(1)
party to the action is indigent, then the other party shall pay the full cost of the
marital
counseling.

(d)

If the parties to the action do not successfully complete marital counseling as ordered by the court pursuant to subsection (a) of this section, a divorce decree shall not be issued less than one (1) calendar year from the date the complaint was filed.

(e
)

A licensed professional
who
provides marital counseling to parties pursuant to subsection (a) of this section
shall provide a
confidential report to the court expressing the licensed professional's opinion whether additional counseling would benefit the parties in achieving a reconciliation
.

(f
)

As used in this section "l
icensed professional" means
a person licensed under the applicable chapter of title 33 as a:

(i
)

Psychiatrist;

(ii)

Psychologist;

(iii)

Professional counselor;

(iv)

Marriage and family therapist; or

(v)

Social worker.

Section 2.

W.S.
20
‑
1
‑
103
(c)
(iii) and by creating a new paragraph (iv)
and
20
‑
2
‑
108
are
amended to read:

20
‑
1
‑
103. License; required.

(c)

Unless there is an order to waive the requirements of this section by a judge of a court of record in the county pursuant to W.S. 20
‑
1
‑
105, the clerk shall refuse to issue a license if:

(iii)

Either party is a minor and the consent of a parent or guardian has not been given
;
.

or

(iv)

Either
party fails to comply with the requirement
s of W.S. 20
‑
1
‑
114(a) and (e
).

20
‑
2
‑
108.

Action conducted as civil action.

Actions to annul or affirm a marriage, for a divorce or to establish any order regarding the maintenance or custody of children shall be conducted in the same manner as civil actions, and the court may decree costs and enforce its decree as in other cases, except a divorce decree shall not be entered less than
twenty (20)

days from the date the complaint is filed.

If the parties do not successfully complete marital counseling as ordered by the court, a divorce decree shall not issue until such time as specified in W.S. 20-2-119(e).

Section 3
.

This act is applicable to all
divorce
actions initially
filed
on or after July 1, 2011.

Section 4
.

This act is effective

July 1, 2011.

(END)

1
HB0065