SESSION OF 2002

SUPPLEMENTAL NOTE ON SENATE BILL NO. 173

As Amended by Senate Committee on

Judiciary

Brief

       SB 173 amends the Kansas Divorce Code dealing with divorce and separate maintenance to reinstitute a fault-based divorce system in situations where a dependent child of the marriage resides with a spouse. Grounds in this situation would include the following:

• gross neglect of marital duty;
• incompatibility by reason of mental illness or mental capacity of one or both spouses;
• incompatibility by reason of impotency;
• adultery;
• pregnancy by the wife at the time of the marriage by a person other than her husband;
• extreme cruelty;
• habitual use of alcohol or a controlled substance;
• abandonment for one or more years; or
• conviction and imprisonment for a felony subsequent to the marriage.
  

       The current no-fault divorce and separate maintenance system would be continued for persons seeking such a decree if no dependent children of the marriage reside with either spouse. The current no-fault divorce and separate maintenance grounds include: incompatibility; failure to perform a material marital duty; or incompatibility by reason of mental illness or mental incapacity of one or both spouses.

       The Senate Committee amendments were intended to clarify the bill.

Background

       A proponent of the bill said the intent of the legislation was to:

• restore moral and legal strength to the institution of marriage and the family;
• provide legal protection to the offended spouse and children;
• reduce the societal costs of divorce; and
• reduce the divorce rate.
  

       The proponent said no-fault divorce was a product of the social revolution of the 1960s amid promises of liberation and pain-free divorces. In reality, no-fault divorce has contributed to a 25 percent increase in the rate of divorce, and resulted in higher costs to society than anyone could have imagined. There is no evidence that "no-fault" provisions have made divorce less acrimonious. Further, children of divorce are more likely to be part of a household receiving welfare benefits, have lower educational achievement, higher rates of juvenile and adult criminal participation, and at a greater risk for drug abuse and suicide. A number of groups and individuals submitted written testimony in support of the legislation.

       The bill was opposed by a Washburn University law professor representing the Kansas Bar Association. Written testimony was also provided from individuals and groups opposing the bill. Opponents said fault divorce can make it more difficult and expensive for victims of domestic violence to get out of abusive relationships and would be a disincentive for marriage. The fiscal note projects an additional 29 district court judges would be needed at an annual cost of $5.74 million. Suggested alternatives to the bill included premarital counseling.

       Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet http://www.kslegislature.org/cgi-bin/index.cgi