Good morning susu2-ga,
I have listed below the states that have mediation/counseling
requirements. First of all, let me clarify what "mediation" and
"counseling" are.
A mediation is a method of nonbinding dispute resolution involving a
third neutral party who tries to help the disputing parties reach a
mutually agreeable solution.
Source: Black's Law Dictionary, Second Pocket Edition - Bryan A.
Garner, Editor in Chief.
********************
Counseling is defined as direction or advice as to a decision or course of action.
Source: Hyperdictionary.com
(http://www.hyperdictionary.com/dictionary/counseling )
********************
Counseling can be seen as a type of mediation.
Source: TheFreeDictionary.com
(http://encyclopedia.thefreedictionary.com/Marriage%20counseling )
********************
The following states use mediation/counseling as a step in the divorce process:
ALASKA - Either spouse may request mediation of an attempt to reach a
settlement. If no request is made, the judge may order the spouses to
submit to mediation if it is felt that a more satisfactory settlement
may be achieved. The court will appoint a mediator. [Alaska Statutes;
Section 25.24.060].
ARIZONA - Prior to filing for dissolution of marriage, either spouse
may ask the court to order mediation for the purpose of a
reconciliation to save the marriage or to obtain an amicable
settlement and avoid further litigation. After a dissolution of
marriage has been filed, either spouse may request that the
dissolution of marriage proceedings be transferred to the Conciliation
Court for mediation. Official forms for requesting this transfer are
available from the clerk of any Superior Court. In addition, if 1
spouse denies that the marriage is irretrievably broken, the court may
delay the case for up to 60 days and order the spouses to attend a
conciliation conference. In addition, a judge may require spouses to
attend conciliation conferences. Finally, there is a required delay of
60 days after the service of papers on the respondent spouse before
any hearing may be held for a dissolution of marriage. [Arizona
Revised Statutes Annotated; Title 25, Chapters 312, 316, 329, and
381.09+].
CALIFORNIA - When spouses seek a no-fault dissolution of marriage (on
the grounds of irremediable breakdown of the marriage) and it appears
to the court that there is a reasonable possibility of reconciliation,
the court will stay the dissolution of marriage proceedings for 30
days. If there is no reconciliation at the end of this 30-day period,
either spouse may move for a dissolution of marriage or legal
separation. In addition, a confidential counseling statement must be
filed in any county that has a Conciliation Court. Official forms to
this effect are available from the County Clerk of any county that has
a Conciliation Court. In addition, if child custody is contested, a
mediation conference will be ordered at which the mediator may choose
to exclude any attorneys of the parents. [Annotated California Code;
Sections 2334(a)(c), 3170, and 3182(a) and California Family Law Court
Rule 1224].
COLORADO - At the request of either spouse or their attorney, or at
the discretion of the court, the court may appoint a marriage
counselor in any dissolution of marriage or legal separation
proceeding and delay the proceedings for 30 to 60 days to allow for
counseling. In addition, the court may order a parent of a child under
18 years of age to attend a program concerning the impact of
separation and dissolution on children. Finally, a court may appoint
an arbitrator to resolve disputes between parents concerning child
support and custody. [Colorado Revised Statutes; Article 10, Sections
14-10-110, 14-10-123.7, 14-10-128.5, and 14-12-106].
CONNECTICUT - Within 90 days after the dissolution of marriage has
been filed, either spouse or the attorney for any minor children may
submit a request for conciliation to the clerk of the court. Two
mandatory counseling sessions will be ordered. Mediation services may
also be available from the court for property, financial, custody, and
visitation issues. [Connecticut General Statutes Annotated; Title 46b,
Chapter 53 and 53(a)].
DELEWARE - In a contested divorce, the court may delay the proceedings
for 60 days to allow the spouses to seek counseling or order a
mediation conference. In addition, there are mediation/arbitration
units attached to the Delaware Family Court. Finally, the court may
require parents seeking divorce to participate in a certified
"parenting education course." If the parent has a history of domestic
violence, he or she may be required to attend additional, more
intensive courses. [Delaware Code Annotated; Title 13, Chapters 1507
and 1517].
HAWAII - If 1 of the spouses denies that there has been an
irretrievable breakdown of the marriage, the court may delay the
proceedings for 60 days and advise the spouses to seek counseling.
[Hawaii Revised Statutes; Title 580, Chapter 42].
IDAHO - There is a mandatory 20-day delay in the granting of all
divorces, unless there is an agreement by the spouses. During this
period, either spouse may request that there be a meeting held to
determine if there is any practical chance for reconciliation. If
there is determined to be a chance for reconciliation and there are
minor children of the marriage, the court may delay the proceedings
for up to 90 days for an attempt at reconciliation. [Idaho Code; Title
32, Chapter 716].
ILLINOIS - At the request of either spouse, or on the court's own
initiative, the court may order a conciliation conference if it is
felt that there is a prospect of reconciliation. [750 Illinois
Compiled Statutes Annotated; Chapter 5, Section 404].
IOWA - If either spouse requests, or on the court's own initiative,
the spouses may be ordered to participate in conciliation procedures
for a period of 60 days. A course on children's needs is required for
all parents when custody is at issue within 45 days of the
commencement of the case. [Iowa Code Annotated; Section 598.16 and
598.19A].
KANSAS - On either spouse's request, or on its own initiative, the
court may require that the spouses seek marriage and/or family
counseling if marriage counseling services are available in the
judicial district where the divorce is sought. Unless in emergency
situations, there is a mandatory 60-day delay from the time the
petition is filed until a final Decree of Divorce may be granted.
[Kansas Statutes Annotated; Chapter 60, Article 16, Subjects 1608 and
1617].
KENTUCKY - If 1 spouse disagrees that the marriage is irretrievably
broken, the court may delay the dissolution of marriage proceedings
for 60 days and suggest the spouses seek counseling. In addition, at a
spouse's request or on the court's own initiative, a conciliation
conference may be ordered by the court. [Kentucky Revised Statutes;
Title 35, Chapter 403.170].
LOUISIANA - If child custody is an issue, the court may require that
the parents submit to mediation. [Louisiana Civil Code Annotated;
Article 131 and Louisiana Revised Statutes Annotated; Article 9,
Section 351].
MARYLAND - Maryland specifically declares that it is in the best
interests of children that there be mediated resolutions of parental
disputes regarding custody. In cases where the custody of a child is
in dispute, the court may order the parents to attempt to mediate that
issue, unless there is a history of physical or sexual abuse of the
child. [Maryland Rules, Rule 9-205].
MAINE - Mediation is mandatory in Maine if 1 of the spouses denies
that there are irreconcilable differences or it is a contested divorce
and children are involved. In addition, at any time a court may order
mediation. [Maine Revised Statutes Annotated; Title 19-A, Sections 251
and 902].
MICHIGAN - Voluntary mediation services are available in all
situations involving custody and visitation of children. [Michigan
Compiled Laws Annotated; Section 552.513].
MINNESOTA - Mediation may be ordered in cases in which the custody of
children is contested, unless there is a history of spousal abuse or
physical or sexual child abuse. [Minnesota Statutes Annotated; Chapter
518.619].
MISSOURI - The court can delay a divorce proceeding for 30 to 180 days
and suggest that the spouses seek counseling. [Annotated Missouri
Statutes; Title 30, Chapter 452, Section 320].
MONTANA - If there are: (1) minor children; (2) 1 spouse denies that
the marriage is irretrievably broken; or (3) 1 or both spouses wish to
attempt an amicable settlement of their differences, the court may
delay the proceedings for 30 to 60 days and refer the spouses to 1 of
the following: (1) a psychiatrist; (2) a physician; (3) an attorney;
(4) a social worker; (5) a pastor or director of any religious
denomination to which the spouses belong; or (6) any other person who
is competent and qualified in personal counseling. [Montana Code
Annotated; Section 40, Titles 3-121 and 3-124].
NEBRASKA - A dissolution of marriage will not be granted until every
reasonable effort for a reconciliation has been made. If it appears to
the court that there is some reasonable possibility of reconciliation,
dissolution of marriage actions may be transferred to a conciliation
court or the spouses may be referred to a qualified marriage
counselor, family service agency, or other agency which provides
conciliation services. Official conciliation counselors are available
in counties of over 250,000 persons. [Revised Statutes of Nebraska;
Chapter 42, Sections 360 and 808].
NEW HAMPSHIRE - At either spouse's request or if the court feels that
there is a reasonable chance at reconciliation, it may delay the
divorce proceedings and order the spouses to submit to marriage
counseling. There are also provisions for voluntary marital mediation
of issues involved in the divorce. [New Hampshire Revised Statutes
Annotated; Chapters 458:6, 458:7B, and 458:15-a].
NEW MEXICO - There are provisions in New Mexico for the establishment
of domestic relations mediation programs. If such programs have been
established in the county where the dissolution of marriage is filed
for, parents may request the use of such programs, or the court may
order the parents to enter the program. [New Mexico Statutes
Annotated; Article 4, Section 40-12-5].
NORTH CAROLINA - If child custody is a contested issue, the court may
order the parents to submit to mandatory mediation of that issue.
[General Statutes of North Carolina; Chapter 50, Section 50-13.1].
NORTH DAKOTA - In an action for divorce or legal separation where
child support or child custody is an issue, the court may order the
parents to submit to mediation, unless there has been physical or
sexual abuse of a spouse or child. [North Dakota Century Code; Volume
3A, Chapter 14-09.1-02].
OHIO - At the request of either spouse or on the court's own
initiative, the court may order the spouses to undergo conciliation
procedures for up to 90 days. The court will set forth the procedures
and name the conciliator. In addition, the court may order that
parents attend mediation sessions on issues of child custody and
visitation matters. [Ohio Revised Code Annotated; Sections 3105.091
and 3117.01+].
OKLAHOMA - The court may appoint an arbitrator for joint custody
disputes which take place after a divorce. [Oklahoma Statutes
Annotated; Title 43, Section 109].
OREGON - Certain Oregon courts offer conciliation services. If a court
does offer such services, either spouse or the court may delay the
dissolution of marriage proceedings for 45 days while a reconciliation
or settlement is attempted. In addition, if child custody or child
support issues are contested, the court will refer the parents to
mediation for up to 90 days. [Oregon Revised Statutes; Volume 2,
Sections 107.179, 107.540, and 107.550].
RHODE ISLAND - In cases which involve child custody or visitation, the
court may direct the parents to participate in mediation in an effort
to resolve any differences. There is an official Family Court
counseling form which must be filed with the Complaint for Divorce.
[General Laws of Rhode Island; Title 15, Chapter 15-5-29].
SOUTH CAROLINA - The court may refer the spouses to a referee, who
must make an honest effort to bring about a reconciliation between the
spouses. In such cases, no divorce may be granted unless certified by
the judge or the referee that the reconciliation efforts were
unsuccessful. No final decree will be granted until 3 months after the
initial filing of the complaint. [Code of Laws of South Carolina;
Chapter 3, Sections 20-3-80, 20-3-90, and 20-7-850].
SOUTH DAKOTA - If the court determines that there is a reasonable
possibility for reconciliation between the spouses, the divorce
proceedings can be delayed for up to 30 days while the spouses seek
counseling. [South Dakota Codified Laws; Title 25, Chapter 25-4-17.2].
TENNESSEE - Upon request, the court may delay a divorce proceeding to
allow an attempt at reconciliation. In addition, in those cases which
involve child custody considerations, the court may order either or
both parents to an educational seminar concerning the effects of
divorce on children. [Tennessee Code Annotated; Volume 6A, Title 36,
Sections 36-4-126, 36-4-130, and 36-6-101].
TEXAS - It is the official policy of the state of Texas to promote
amicable and non-judicial settlements of issues regarding children and
families. Upon written agreement of the spouses or the court's own
decision, the court may refer the divorce proceeding to mediation. The
mediated settlement of the case is binding if it is signed by the
spouses, any attorneys of the spouses, and provides that the agreement
is not subject to revocation. In addition, upon request, the court can
order both spouses to consult a marriage counselor. If the counselor's
report indicates a reasonable expectation of reconciliation, the court
can order further counseling for up to 60 additional days. Upon every
filing for divorce, the court clerk is required to furnish a statement
to the person filing regarding the availability of marital counseling
services. In addition, if there has been a history of conflict and
difficulties in resolving questions of access to any children, the
court may order either parent to participate in counseling. [Texas
Codes Annotated; Family Code, Chapters 5-102.0085, 5-153.010, 6.505,
and 6.602].
UTAH - There is a 90-day waiting period after filing for divorce
before any hearing may be held. Upon the request of either or both of
the spouses (shown by filing a Petition for Conciliation with the
court), the court may refer both of the spouses to a domestic
relations counselor. If child custody is involved, both parents must
attend a course in the effects of divorce on children. This
requirement may be waived if the court determines that it is
unnecessary. [Utah Code Annotated; Sections 30-3-4, 30-3-16.2, and
30-3-18]
VERMONT - If 1 of the spouses denies under oath that they have lived
apart for the required period, the court may delay the proceedings for
30 to 60 days and suggest that the spouses seek counseling. [Vermont
Statutes Annotated; Title 15, Section 552].
WASHINGTON - Upon the request of either of the spouses, or on the
court's own initiative, the spouses may be referred to a counseling
service of their choice. A report must be requested from the
counseling service within 60 days of the referral. Contested issues
relating to custody or visitation will be referred to mediation. There
may also be mandatory settlement conferences if there are contested
issues. [Revised Code of Washington Annotated; Title 26, Chapters
26.09.015, 26.09.030, and 26.09.181].
WASHINGTON D.C. - The court may order either or both spouses to attend
parenting classes in those cases in which child custody is an issue.
[District of Columbia Code Annotated; Title 16, Chapter 9, Section
911a(2)d].
WEST VIRGINIA - If the divorce involves a minor child, the court will
order the parents to attend a parent education class to educate
parents about the effects of divorce and custody disputes on children
and teach parents methods to help children minimize their trauma.
[West Virginia Code; Section 48-9-104].
WISCONSIN - The court must inform the spouses of the availability of
counseling services. Upon request or on the court's own initiative,
the court may order counseling and delay the divorce proceedings for
up to 90 days. If custody of a child is a contested issue, mediation
is required. If joint custody is requested, mediation may be required.
In addition, the court may order parents in any child custody
situation to attend an educational program on the effects of divorce
on children. [Wisconsin Statutes Annotated; Sections 767.081, 767.082,
767.083, 767.11, and 767.115].
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Currently ten states have mandatory mediation for divorcing couples,
five states allow a judge to order mediation, and twenty-one states
are considering mediation programs.
Source: DivorceMed.com
(http://www.divorcemed.com/Books_and_Articles/Books/Divorce_Mediation_Intro.pdf )
********************
Canadian divorce law seeks to encourage reconciliation. The 1986 Act
(as did the 1968 Act) requires divorce lawyers to discuss the
possibility of reconciliation and to inform clients of available
counseling or guidance facilities. The 1986 Act further requires
lawyers to promote negotiated settlements and mediation of support and
custody disputes.
Source: Canada Divorce Law
(http://www.wordiq.com/definition/Divorce#Canada )
********************
In Canada while civil and political rights are in the jurisdiction of
the provinces of Canada, the Constitution of Canada specifically made
marriage and divorce the realm of the federal government. Essentially
this means that Canada's divorce law is uniform throughout Canada,
even in Quebec.
Source: Definition of Divorce
(http://www.wordiq.com/definition/Divorce#Canada )
********************
Currently, the Libertarian Party of Canada is trying to get divorce
laws changed to "Implement a mandatory mediation program to enhance a
non-adversarial divorce solution, and largely reduce the loading on
the court system*A mandatory mediation program will enhance a
non-adversarial divorce solution and largely reduce the loading on the
court system. Imbalance of power, such as one parent having sole
custody, invalidates successful mediation and often requires enforced
access.
Within our suggested pro-equal alternating shared parenting, supported
by mandatory mediation, financial obligation and human care and love
for children will be filled by both parents and extended families. We
will also be in harmony with the Charter of Rights.
"Mandatory" in this policy means that the courts will not apply final
judgment in cases where mediation has not first been tried. A judge
shall order the disputing parties to mediate prior to issuing any
other judgment. "
Source: Submission
(http://www.fathers.bc.ca/submissi.htm#_Toc418240740 )
Please be advised that I am not a lawyer so I am not able to give you
any professional advise on divorce mediation laws. If you seek
professional legal advice, please consult an attorney in your area.
I hope this information is useful and should this answer require a
further explanation, please request clarification before rating it,
and I will be happy to look into this further.
Nenna-GA Google Answers Researcher
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