05 LC 29
1563
House
Bill 44
By:
Representatives Randall of the
138th,
Porter of the
143rd,
Holmes of the
61st,
Hugley of the
133rd,
Dukes of the
150th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 5 of Title 19 of the Official Code of Georgia Annotated, relating
to divorce, so as to specify distribution of marital property under certain
circumstances; to provide for counseling under certain circumstances; to provide
for related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
5 of Title 19 of the Official Code of Georgia Annotated, relating to divorce, is
amended by striking in its entirety Code Section 19-5-13, relating to
disposition of property in accordance with verdict, and inserting in lieu
thereof the following:
"19-5-13.
The
verdict of the jury disposing of the property in a divorce case shall be carried
into effect by the court by entering such judgment or decree or taking such
other steps as are usual in the exercise of the
court́s
equitable powers to execute effectually and fully the
jurýs
verdict;
provided, however, that a party shall not be entitled to any of the marital
property if it is established by a preponderance of the evidence that the
separation between the parties was caused by that
partýs
adultery."
SECTION
2.
Said
chapter is further amended by adding a new Code section to the end of the
chapter to read as follows:
"19-5-18.
If
it is established by a preponderance of the evidence that the separation between
the parties was caused by one of the
partýs
adultery, then the court shall order the party who committed the adultery to
attend 12 hours of counseling involving marital issues. The counseling shall be
completed within six months of the final order granting the divorce. The
counseling shall be performed by:
(1)
A professional counselor, social worker, or marriage and family therapist who is
licensed pursuant to Chapter 10A of Title 43;
(2)
A physician who is licensed pursuant to Chapter 34 of Title 43;
(3)
A psychologist who is licensed pursuant to Chapter 39 of Title 43;
(4)
A member of a religious ministry responsible to its established ecclesiastical
authority who possesses a
masteŕs
degree or its equivalent in theological studies; or
(5)
A person engaged in the practice of a specialty in accordance with Biblical
doctrine in a public or nonprofit agency or entity or in private
practice."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.