Wednesday,
July 10, 2002
"MORE
SHOULD BE DONE TO MAKE MARRIAGE WORK": IANNELLA CALLS ON
LEGISLATURE TO ADDRESS DIVORCE, OUT-OF-WEDLOCK BIRTH RATES:
“Here
in Massachusetts, it’s harder to get a driver’s license or
a permit to cut hair than it is to get married or divorced.
Does that make any sense at all?”
With
those words, Register of Probate Richard Iannella is calling
upon the Massachusetts Legislature to take steps to address
the number of divorce and out-of-wedlock birth rates in the
Commonwealth. He looks to the workload in the Registry of
Probate to make his case: “Three decades ago, 90% of our
cases were probate-related and involved wills, trusts and
estates. Now, more than 70% center on family issues like
divorce, paternity and guardianship. This is proof positive
that state government should take steps to address the
trend.”
Iannella
points favorably to Covenant Marriage laws in Arizona,
Arkansas, and Louisiana, as well as the Florida Marriage
Preparation and Preservation Act as models. (Under Covenant
Marriage laws, couples undergo pre-marriage counseling and
agree to be bound by limitations on obtaining a divorce or
separation. Florida law provides numerous marriage incentives,
and requires that marriage and parenting skills be taught to
all ninth and tenth graders.)
“Right
now, we make couples take a parent education class before they
can divorce. When a judge eventually grants the divorce, we
make the couple wait for three months before the divorce is
final. Shouldn’t that parenting class come before the
wedding? Shouldn’t there be a holding period before the
divorce and not after so that couples might reconsider their
actions?” he asked.
Iannella
makes a number of specific recommendations, including:
·
The appointment of a special legislative commission to
consider and recommend enactment of new and effective
pro-family regulations and initiatives in Massachusetts;
·
As part of the commission’s study, a detailed review
of the effectiveness and success rates of pro-marriage and
family initiatives currently in place in other states;
·
A comprehensive study of ‘no fault’ / uncontested
divorce laws to determine their impact on divorce rates since
their enactment in Massachusetts in 1984;
·
Consideration of new laws requiring pre-marital
counseling prior to issuance of a marriage license, longer
waiting periods and good faith efforts at reconciliation prior
to divorce;
·
New partnerships with religious and community leaders
to develop marriage-strengthening programs and promote
two-parent involvement as being best for children in our
state;
·
Consultation with higher education and secondary school
officials regarding the development and implementation of new
parenting education and relationship skills curriculum in
schools;
·
Pursuit of federal funding that is being made available
to assist states with development and promotion of
pro-marriage, family and fatherhood initiatives.
Register
Iannella is particularly supportive of the education
component: “Unwed parents seem to have increasing difficulty
getting along with each other and working out problems that
they may have. We need to teach them as early as possible that
cooperation, involvement and support — in or out of marriage
— is always best for the children.”
Over
the years, social service organizations, religious groups,
family advocates, and even a special Governor’s Commission
have discussed the problem, but little has been done to
implement proposals that really make a difference. Iannella
hopes that time has come: “As the Roman statesman Cicero
said, ‘Marriage is the first bond of society.’ And now
more than ever, society demands that we` bring accountability,
support, stability and potential into the lives of married
couples, parents and children in our state.”
Register
Iannella invites public input on issues surrounding marriage
and the family. Reaction and comment can be sent to the
Suffolk County Probate and Family Court Registry, 24 New
Chardon Street, 3rd Floor, Boston, MA
02114. His E-mail address is: rpi@probatecourtiannella.com
