Generally revise dissolution law in cases of adultery and physical abuse
Impact
If passed, HB 237 will amend existing statutes such as those related to maintenance orders and property division. Courts will be mandated to consider instances of physical abuse or adultery when deciding on property apportionment, enabling disproportionate divisions based on such behaviors. This marks a notable evolution in the law, as it shifts towards a more equitable approach to addressing the negative impacts of marital misconduct, potentially offering greater protection for victims of abuse or infidelity during divorce proceedings.
Summary
House Bill 237 aims to revise the existing laws regarding the dissolution of marriage, specifically addressing cases involving physical abuse or adultery. The bill proposes significant changes to how maintenance and property division are handled in divorce proceedings when such factors are present. It allows for the awarding of attorney fees and costs to the non-offending party when physical abuse or adultery constitutes a substantial factor in the downfall of the marriage. Importantly, this bill seeks to create a legal framework that recognizes the serious implications of such misconduct in marital relationships.
Contention
The introduction of HB 237 has sparked discussions around the potential implications for equitable treatment in divorce cases. Supporters argue that it empowers the courts to respond appropriately to behaviors that undermine the sanctity of marriage, offering necessary safeguards for victims. However, opponents may raise concerns regarding the subjective nature of defining 'substantial contributions' to the breakdown of marriage. This could lead to disputes and variations in how cases are decided, potentially creating inconsistencies in judicial outcomes.
In preliminary provisions relating to divorce, further providing for legislative findings and intent, for definitions, for bases of jurisdiction, for effect of agreement between parties and for premarital agreements; in dissolution of marital status, further providing for grounds for divorce, repealing provisions relating to counseling, further providing for grounds for annulment of voidable marriages, repealing provisions relating to defenses, to action where defendant suffering from mental disorder and to general appearance and collusion, further providing for hearing by master, providing for general order of divorce proceedings, repealing provisions relating to jury trial, further providing for decree of court and repealing provisions relating to opening or vacating decrees; in property rights, further providing for definitions and for disposition of property to defeat obligations; in alimony and support, further providing for alimony and repealing provisions relating to bar to alimony; and repealing provisions relating to mediation.
Establishes an income tax credit for donations of property used for research or direct education of students to certain educational institutions (EG -$2,120,000 GF RV See Note)