In the bad idea department, Republican Senators in Minnesota seek to create a two-year waiting period in Minnesota for divorces.
Let me start by stating that, in my humble estimation as a practicing Minnesota divorce lawyer, this bill is a really, really bad idea. The sole benefit of a bill like this will be to make the Republican Senators look good to their less socially conscious constituency. Otherwise, it would be a complete disaster.
If you don’t believe me, check out a post I agree with over at Minnesota Litigator. As the author discusses, divorce lawyers would probably benefit by the higher billable hours. Even though a bill like this could benefit me, I still recognize how bad it would be for my clients.
Just in case you may be skeptical of my postulation because you believe that marriages are in need of protection, let me list the reasons why the bill is a bad idea:
- It encourages a “fault” based divorce system which was more-or-less abolished in the United States in the last quarter century. The bill, as introduced, makes a provision that people could bypass the two-year waiting period if “adultery” takes place. Therefore, couples wishing to divorce prior to waiting two years simply have to cheat on each other. Great idea.
- The bill hurts children who are caught in the middle of a nasty, bitter and terrible situation where two people typically can’t stand each other and don’t care who knows it. I can’t tell you how bad this could be for children of divorcing parents.
- The bill forgets about couples who may have been married for less than two years. I’ve represented younger clients who have been married only a matter of months. They should have never married each other. But, they did. Now, in Minnesota, the government is going to tell them to stick it out for two more years. I could see violence resulting in some of these situations. Seriously.
- The bill ignores problems related to things only divorce lawyers think about – such as the valuation date used for valuing marital debts and assets. For example, in a typical divorce estate, the valuation date will be sometime on, or shortly after, the filing of the original petition for dissolution of marriage. Normally, the lawyers and the couples have a date to use when they proceed to divide the marital estate. When does the valuation date begin in a state which requires a two-year waiting period? Even if it begins at the same time, how are things complicated for a couple who is accruing assets and debts for those two years? Do we just forget about those two years? Do they magically not exist?
- The two-year waiting period will muddy up the already muddy child support waters. How do you determine who is the obligor in a child support award when the couples have to stick out a two-year waiting period? For that matter, who gets custody? What if the mom or dad moves out and takes the kids with them.
I could go on and on. I’ve seen bills like these crop up in the past. In most situations they die the ignominious death that they deserve.
I hope for the sake of all people who believe in liberty and privacy interest that the brighter minds in the Minnesota legislature will see the light and kill this bill. If not, I think the entire legislature will have the inevitable mess that will result on their consciences. However, it won’t be them picking up the mess – it will be the people and the oft trod upon family law bar.
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