Amendment AA3-AB83

LRBa0764/1

PJK:jlg:jf

1999 - 2000 LEGISLATURE

ASSEMBLY AMENDMENT 3, TO 1999 ASSEMBLY BILL 83

December 21, 1999 - Offered by Representative Staskunas.

AB83-AA3,1,1 At the locations indicated, amend the bill as follows:

AB83-AA3,1,3 1. Page 1, line 4: after "marriage" insert ", requiring marriage counseling if a party states that the marriage is not irretrievably broken".

AB83-AA3,1,5 2. Page 10, line 4: delete " and marriage assessment" and substitute "and, if required under s. 767.086, marriage assessment".

AB83-AA3,1,6 3. Page 10, line 5: delete " counseling" and substitute "counseling".

AB83-AA3,1,8 4. Page 10, line 18: delete "The" and substitute "Regardless of whether counseling is required under s. 767.086, the".

AB83-AA3,1,9 5. Page 12, line 3: after that line insert:

AB83-AA3,1,10 " Section 12g. 767.086 of the statutes is created to read:

AB83-AA3,2,4 767.086 Marriage counseling required under certain circumstances. (1) Except as provided in sub. (2), if only one party initiates a divorce action and the other party files and serves a response or counterclaim that states that the marriage is not irretrievably broken, the court or family court commissioner shall require the parties to attend at least one hour of marriage counseling as a condition to the granting of a judgment of divorce.

AB83-AA3,2,8 (2) Subsection (1) does not apply if the court or family court commissioner, on the basis of evidence of interspousal battery as described under s. 940.19 or 940.20 (1m) or domestic abuse as defined in s. 813.12 (1) (a), determines that attending the counseling will endanger the health or safety of one of the parties.

AB83-AA3, s. 12m Section 12m. 767.12 (2) (b) 2. of the statutes is amended to read:

AB83-AA3,2,19 767.12 (2) (b) 2. If the court finds that there is a reasonable prospect of reconciliation, it shall continue the matter for further hearing not fewer than 30 nor more than 60 days later, or as soon thereafter as the matter may be reached on the court's calendar, and may suggest to the parties that they seek counseling in addition to any counseling that the parties may have been required to attend under s. 767.086. The court, at the request of either party or on its own motion, may order counseling in addition to any counseling that the parties may have been required to attend under s. 767.086. At the adjourned hearing, if either party states under oath or affirmation that the marriage is irretrievably broken, the court shall make a finding whether the marriage is irretrievably broken.".

AB83-AA3,2,20 6. Page 13, line 7: after that line insert:

AB83-AA3,2,21 " Section 15m. 767.23 (1) (i) of the statutes is amended to read:

AB83-AA3,2,23 767.23 (1) (i) Requiring Subject to s. 767.086, requiring counseling of either party or both parties.".

AB83-AA3,2,24 7. Page 13, line 13: after that line insert:

AB83-AA3,3,1 " Section 16m. Initial applicability.

AB83-AA3,3,7 (1) Marriage counseling requirement if marriage not irretrievably broken. The treatment of sections 767.086, 767.12 (2) (b) 2. and 767.23 (1) (i) of the statutes and the renumbering and amendment of section 767.07 of the statutes (with respect to requiring marriage counseling if a party states that the marriage is not irretrievably broken) first apply to divorce actions commenced on the effective date of this subsection.".

AB83-AA3,3,8 (End)