A new act may change the way that marriages dissolve in some states, including New Jersey, if momentum keeps building for the Second Chances Act. Designed by a retired state Supreme Court Justice and a social sciences professor, the act hopes to give marriages a second chance before divorce is finalized.

If passed, supporters hope the act will be a ‘speed bump’ on the way to divorce, but if the proposed law is not carefully considered, it could also be a frustrating obstacle for those in marriage situations that are detrimental to stay in, such as those involving abuse.

For individuals that believe divorce is just around the corner for their marriage, the Second Chances Act will create a system for them to follow, giving them an established way of informing the other spouse that divorce may be necessary if certain problems are not openly discussed and solved. This form of communication is known as an early notification or a divorce prevention letter, according to the Second Chances Act.

If divorce is still desired after openly communicating, neither party can file until they have completed a divorce education class which will be required mainly of spouses that have minor children. After divorce is filed for, a one-year trial period must be completed. During this timeframe, spouses are encouraged to make amends. Once the year is over, a marriage would be considered dissolved if reconciliation is not reached.

Experts claim divorce is often initiated because a couple has fallen out of love or lost touch with one another. The Second Chances Act was designed with these types of couples in mind. Harsher separations, stemming from physical abuse or drug addiction, would likely be exempt from the process that other divorces would be subjected to.

Source: The Washington Times, “Divorce-prevention plan advises time, talk,” Cheryl Wetzstein, Oct. 23, 2011