The laws governing marriage counseling as part of divorce proceedings vary from one state to another, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember. These statutes run the field from permitting a pause in proceedings to permit time for marriage counseling to granting a court the ability to order counseling in limited situations. Some states maintain statutes that do not permit any type of interruption of divorce proceedings to allow for marriage counseling.
Functions
In theory, the function of marriage counseling associated with divorce proceedings is to ensure that there is no reasonable chance for the parties to reconcile. Demonstrating no reasonable likelihood for reconciliation is a legal element in a no-fault divorce case, the most common type of marriage dissolution proceeding pursued in the United States, according to "The Complete Divorce Handbook: A Practical Guide".
Considerations
The court considers a variety of factors in dealing with the prospect of suspending proceedings or ordering counseling. If both parties request time to attempt marriage counseling, a court likely will accede to the wishes of the parties. If one party maintains marriage counseling is appropriate and the other does not, the court likely will only permit such relief if the laws of a state explicitly permits a break in proceedings for counseling in such a specific situation.
Time Frame
A judge is more likely to permit a break in court proceedings or to order marriage counseling during the early stages of divorce proceeds, during the initial few months of they case. As the case moves forward, and more time and effort is invested in terminating the marriage, unless both parties come to the judge seeking time for marriage counseling, a court is not likely to permit a pause in proceedings.
Benefits
The benefits of marriage counseling include ensuring that the statutory requirements for divorce truly are satisfied. In a no-fault divorce case, that includes irreconcilable differences with no reasonable expectation that the couple can overcome their differences. In addition, there is a legal presumption in all divorce laws across the country that terminating a marriage is a decision of last result. Marriage counseling ensures that the parties consider all alternatives before ending their marriage.
Court Order
A court order regarding marriage counseling typically sets forth a specific time frame during which the parties seek this type of assistance. In addition, in some situations, the judge will appoint or designate a marriage counselor to meet with the couple.
References
- "The Complete Divorce Handbook: A Practical Guide"; Brette McWhorter Sember; 2009
- FindLaw: Family Law Center
- American Bar Association: Section of Family Law
