Introduced Version




SENATE BILL No. 56

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 31-15-2.

Synopsis: Waiting period for divorce. Increases the waiting period before which a final hearing in a dissolution of marriage may be conducted if there are children of the marriage less than 17 years of age or if an objection to the dissolution is filed by either party. Retains 60 days as the waiting period before a final hearing in a dissolution of marriage upon a showing of domestic violence against a party or a party's child. (The introduced version of this bill was prepared by the interim study committee on marriage and family building initiatives.)

Effective: July 1, 2003.



Zakas


    January 7, 2003, read first time and referred to Committee on Judiciary.




Introduced

First Regular Session 113th General Assembly (2003)


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SENATE BILL No. 56


    A BILL FOR AN ACT to amend the Indiana Code concerning family law and juvenile law.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 31-15-2-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 10. (a) Except as provided in subsections (b), (c), and (d) and sections 13 and 14 of this chapter, in an action for a dissolution of marriage under section 2 of this chapter, a final hearing shall be conducted not earlier than sixty (60) days after the filing of the petition.
     (b) A final hearing shall be conducted not earlier than one hundred eighty (180) days after the filing of the petition if there is a child of the marriage less than seventeen (17) years of age.
     (c) A final hearing shall be conducted not earlier than one hundred twenty (120) days after the filing of the petition if:
        (1) there are no children of the marriage less than seventeen (17) years of age; and
        (2) an objection to the dissolution is filed by either party.
    (d) Notwithstanding subsections (b) and (c), the final hearing may be conducted not earlier than sixty (60) days after the filing of the dissolution of marriage petition if either party in the petition or

in a response filed to the petition asserts that the other party has engaged in domestic violence against:
        (1) the petitioning party; or
        (2) the petitioning party's child.
    SECTION 2. IC 31-15-2-13 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 13. At least sixty (60) days After a petition is filed in an action for dissolution of marriage under section 2 of this chapter, the court may enter a summary dissolution decree without holding a final hearing under this chapter if there have been filed with the court verified pleadings signed by both parties containing:
        (1) a written waiver of final hearing; and
        (2) either:
            (A) a statement that there are no contested issues in the action; or
            (B) a written agreement made in accordance with section 17 of this chapter that settles any contested issues between the parties.