BILL ANALYSIS

 

 

                                                                                                                                           H.B. 3632

                                                                                                                                        By: Hartnett

                                                                                                                                       State Affairs

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, there is a 60 day waiting period between an order for divorce and its effective date.  This allows for deliberation and reconciliation between the parties.  However, if one of the parties has a history of assault or threatening the other spouse, this waiting period leaves that spouse in a continuing situation for further abuse.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

House Bill 3632 provides an exception to the 60 day waiting period authorizing a court to grant a divorce when the respondent has been finally convicted of an offense an element of which included the respondent assaulting or threatening the petitioner.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.