SENATE BILL REPORT

SB 5349

BYSenators Craswell, Rasmussen, Smith, Stratton and Cantu

Requiring grounds for dissolution of marriage.

Senate Committee on Children & Family Services

Senate Hearing Date(s):February 27, 1989; February 28, 1989

Majority Report:  That Substitute Senate Bill No. 5349 be substituted therefor, and the substitute bill do pass.

      Signed by Senators Smith, Chairman; Craswell, Vice Chairman; Stratton.

Senate Staff:Alice Zaleski (786-7755)

                  March 1, 1989

AS REPORTED BY COMMITTEE ON CHILDREN & FAMILY SERVICES, FEBRUARY 28, 1989

BACKGROUND:

The Legislature enacted "no fault" divorce in 1973.  The bill took effect January 1, 1974.  In that year, 23,756 individuals filed for a divorce in Washington State, an 11.2 percent increase over the number filing for divorce in 1973.

Studies have shown that there is a direct link between divorce and feminization of poverty.  On the average, divorced women and children in their households experience a 73 percent decline in their standard of living after the first year of divorce.

Studies have also shown that divorce has a traumatic effect on children.  A child from a divorced family is more likely to suffer severe emotional disturbances, do poorly in school and attempt suicide more frequently than does a child from a traditional family.

Statistics from the Department of Social and Health Services indicate that more community resources are spent on children from one parent households than on children from traditional households.

SUMMARY:

The court may grant a petition for dissolution of marriage for a resident of Washington or a member of the armed forces who is stationed in Washington for one of the following reasons:  (1) adultery if the petition for dissolution was filed within one year from the discovery of adultery; (2) impotency; (3) abandonment for one year; (4) physical or emotional abuse; (5) habitual substance abuse; (6) neglect or refusal of the husband to adequately provide for his family.

The court may grant a petition for dissolution, without regard to fault, where the parties have lived apart for two consecutive years prior to the filing.

The petition for dissolution shall allege the statutory ground, among other factors.

EFFECT OF PROPOSED SUBSTITUTE:

Impotency is eliminated as a statutory ground for dissolution.  The statutory ground of habitual substance abuse is changed to habitual drug or alcohol abuse.  The statutory ground of the neglect or refusal of the husband to adequately provide for his family is changed to the neglect or refusal of a spouse to provide for his or her family.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

Senate Committee - Testified: FOR:  J. Shelby Sharpe, citizen; Scott Staley, Bill of Rights Legal Foundation; Katherine Meier, NW Ex POSE; Howard Garlinger, citizen; Conrad Green, citizen; Helen Johnson, citizen