Does Louisiana need a waiting period for divorce?

Garland Robinette, The Think Tank
Wednesday, April 19th

Does Louisiana really need a year waiting period for couples with kids to get a divorce? Should it be cut back to 6 months or less? Andrea Carroll, Professor of Law & Interim Associate Dean for Student and Academic Affairs at LSU Law School joins us.


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And welcome him to the Wednesday edition of the old team. And still mud Garland Robinette dot Manassas in for Garland today. 260187. He is never to call you detected in 7870. A couple of things we've got and the think tank for you today coming up in an hour. Who wins the war of words between president Donald Trump in North Korea's Ki moon visited just words or. Do you worry that America is on the brink of war will talk about that a new we've got. CBS military expert and retired army colonel just McCall's and joining us for that. Coming up in the next hour what's new a new world of jazz and heritage festival this year Thomas. He'll tell us all about that. Then also another topic we're gonna jump into the next hour there's a reason why you can't wait your teenager up for school and it's not because they stayed up later just don't wanna go. New research says it's biological. So is the secretive to getting high schoolers to perform better starting school later in the day. Lot of biologists. Say that that is the case and will talk about that with doctor. Ryan Pasternak. Associate professor of clinical pediatrics. And the issue medical health 21 Mets elvis' wrong patty's got to get a title that slate. Incredibly law. Associate professor of clinical pediatrics division head general ambulatory pediatrics and adolescent medicine head analysts and health program. And Ellis you know Owens school of medicine. That at all. On business. But this hour. Were talking about as you heard in our news should win easy and a shorten the waiting time for divorce from one year. The six months particularly. With four people that have couples and have children. That or under the age of eighteen. However opponents say the one year time period only causes both parties to pay more money in legal fees and legal gains and causes more stress on the family. Opponents say waiting longer is best for kids and often leads to reconciliation. So what do you say if your divorced. How long did it take for you. Two gifts everything resolved joining us now. Is Andrea Carol professor of law and in from associate dean for student and academic fears that relishing law school under thanks for joining us. I'm fine yours is not that long to put on a business curve. In that order. I'm. Now you were there this is house bill 136. And you yesterday were before the Louisiana house committee for the they advance this legislation. And your thoughts on that are. Yet a part bear in mind and it'll happen all that represented immediately. Launch the audience judges and lawyers around. States that. Daddy academic matter and make proposal for the legislature changed to include current law. On that build something that the launch you don't believe would be actually you know. And he it would shorten that wait infuriated for coupled with minor children and should get in the works from one year. Important and I think it. That's already been waiting period couple. Ride this is just where couples have children. So that Europe they're you've had worsened and having kids to six months and years ago minute. It is only six months now it's if you have that boundary team it's different law. Tried that bent the rules that 1990s and it acted with the everyone you know until the year 2006 when a couple of legislators were. Trying to do some level all the problem. You sort of what I had been divorced epidemic in Indiana around the country. And there are idea outline a couple of children. I am trying to put. The reconciliation. It in the waiting period for a year. At the time that would really any evidence either way to weather would be the other things will consider that we could it has been there a requirement on all couples on better. The thing to do try in the and the worst. Of the debt limit the outcome of that mystery then and now coupled with minor children a year. When you're waiting period and what I believe it on strategic concluded after studying it now. Is that inkjet capital work to do what we wish it would only achieve. Cap couples can help. Are we believe many troubled by reconcile after six months have gone by but. What that your guys. At a activity extended period dead opposite of that is because the couple defying. Because that connect into. Our support to the form of alimony in Louisiana. Carpet couple in your book. Legal filings in and play illegal games won. The outlook what they were these other. Support. And that and that really been in the six month period. All right 260187. He has uncovered a cola are against the Gaza under Carroll. She is the professor of law and inform associate dean for student and academic affairs issue law school. Carol take a break Andris is to take a break here and when we come back we'll get some more questions you tax me at 8787 year call me. With your questions or concerns about this mine being questioned you care boundary you can ask that Ayman do this'll date Andrea when. When you get back is why is there a waiting period. At all. For a divorce she don't really have one for marriage why do you need one for divorce. Solid chance of that when we come back stop and as is in for Garland Iran WWL. And welcome back to WW alt ominous than for Garland Robinette. Under Carroll is our guess is that under Andrea. Or which one. Andy and okay. And how. My birth professor of a law and inform associate dean for student academic affairs and Ellis you lost you were talking about you probably heard in RO local news here. Would just pass the house committee to advance the bill to shorten the waiting period for DeForest. Two six months this would be for couples that have. Children. That are minors under eighteen right now the current laws that they have to wait a year my question you before we went to the break. And he was. Wide we have a waiting period at all. Yet the great question because in fact in ten states around the country. Any waiting period. Albert is not there's an immediate divorce war so called irreconcilable. And the line disputes. What and we considering a little concern that end. Well we got together and the law expert most of them supported. That we do that is that we should he do an immediate divorce if that's what the constant desire. You. Party that can engage and we period and during. And that's certainly true merit the cons are in the media and freedom of contract is an important principle in the states. And it won't forget the country that many people ask me divorce. Likewise should be in the solution that the contract. I think in between the parties. On picnic at tackle view I would say that there's a waiting period he tired in the Louisiana remains. Paternalistic the government sort itself in private decision. But again argued that. Marriage and divorce should be private you shouldn't. Think about it it was only a religious. Rather than a Asian economy. Say you know the government protects itself so those are in this. Consequences and obviously in marriage and divorce attack children. We just felt that we you know what they're ready for. Immediate or. And that was it more modest proposal. I think a lot more reasonable. But again even when you say it affects children and I don't speak of of any. Prior and I've never been divorced that fact my wife are going to be silver haired 25 wedding anniversary in August oh or. I have been divorced my wife has perhaps up dollars but but I haven't been and myself and the line most of my friends have not either. That I knew my parents didn't force molten knew that I can think of none of my aunts my uncles noble. Actually got divorced my family and on strange Juliet goes out with the guys again it's it's it's great to my wife says all the time well. You don't understand how it is coming from because her parents divorced. And how hard it is on the kids. I would think a waiting period would make that a little bit longer in that like taking longer to pull the bandage off the wooten. He kept the map exactly why we're making a proposal that it's a lot we eerie intact or we wished it true that. We call it encourage couples reconcile and not a longer here it. But what is social and were searched demonstrates pretty unequivocally is that what is worse for children is not necessarily the the divorce and certainly not ideal but at the level conflict with the parent engage in during the process and act high conflict between the parent. It'll lead to negative. Come children do you know what we're seeing. A former law expert that increasing the waiting period just ramp up drama and conflict in the back pocket watch really has the potential to substantially. Impact it and that important. And is there's been really no evidence that shows keeping them the waiting period to a year makes couples reconcile I'm sure some do but not at all. Right there isn't when your house committee here yesterday some opponent in the count the saudis. Or a courtly. We've been waiting period to. Cry and undermine a core early not early competition between the two but the that of course is patently. We have is by periods. Or about our children can deport six months. Couple quit minor children have to wait your. Just looking at the divorce rate. And it doesn't show lot quieter it's all literally in the end period are divorced and I couldn't regular. Course drops and either that or shall agree on all sorts of York couple married in Louisiana and north and our children born. Now you suppose I'm fortunate or unfortunate a drop in the divorce. Senator. Either way. It's. In July experts in the area as relatively uniform that the increased waiting here and there experience. Doesn't lead to reconciliation for a couple. Got a text here that says I think the government needs to get out of people's personal lives all they do is cause chaos then charge you for their time marriage should be between the couple and god. Another one Texas as I have a minor child was told by spouses uncontested no assets divorce was fought every step of the way. Took six years for proper custody. Saint Tammany believes if your mother you're a good mother divorced took two and a half years it's all about the money. That's exactly the purpose of this oil and we're been talking about and that fault divorce waiting period they'll get something. Let's interim. Court makes it easier and more consistent at what would you. Allow. And he now it's the other people panic. Well support what precisely. Months. After termination of the marriage right now all the laws but at the plate and get you what you were. Outlook report the very last minute. Before the judgment or that were under that she can extend longer. And that's exactly what the person you put our computer games played and the one party can make more money. But what are. I was gonna say a lot times the lawyers that suggests hey what do we do this and and extend it. Exactly and certainly can develop without the other client whether. Or not a creature in the beauty and the lawyers are well. In the interest. And we lawyers are the ones who make money off the there was something to the detriment of the party can and the children ball but he at all and waters around the state you know a lot like they aren't we want to weapons and let money get caught her. And not ratchet up the conflicts you know this is the change that supported. I am a number of practitioners in the. And Ian mystery detector you do it I've married it's all you. With. You don't like marriage do you. Back it is about that are currently in like marriage but certainly I don't think anyone that the paper does bill want coupled to be divorced to me it's. I wish all apple could stay together right side. It's the reality that some do not wish Q what we're trying to do is damaged well substantial. Yeah someone doesn't wanna if if they don't wanna be together and I know you have you have children which is a severe consequences of the marriage. Maybe at one point things are great at some point now they're not you don't love each other anymore you're nodded and you know whatever why extend that. Misery. Any longer because the kids are already feeling in the than getting the effects from mom and dad not getting along the begin. And what I think is. No we didn't meet our apartment at the top of war. It was described yesterday and a couple and the couple compact or score a cold so not electorate not use. Or any crime committed at bat by. It properly and I think it's usually in the entry to try our quick solution. That allowed couple days ever in Iraq. Just don't think extending the hand and I'm divorced. Is the solution maybe counseling. Is the solution maybe aren't indicative. Parenting and the arc as the solution into the export more and rather than holding them together and hey creek tree. On line today Andrea Carol professor of law and interim associate dean for student and academic affairs at LSU lost who. Thank you so much for taking time with the state explain in everything that went through history now this bill has passed that just got out of committees so that it can with a full led the wrong. That got a long way ago. All right why Andy thanks for taking time with this you have agreed they appeared hellish time. All right bye bye. IT 60187. Ego on the phone lines to you can also Tex get a lot of text. Coming in about their divorce experiences. And what they went through or friends of players have gone through and it is my cousin was in divorce court for twenty years. Ouch. Realty. That is is a very long long time. I told her to write a book about it and probably needs to. All right coming up next we get a CBS news updates here at the bottom of the hour than our local news. And then we'll get back to more what I know what you think about it if you gone through divorce how long did it take you to go through the process if you have children. If you don't have children and do you think it should just there should be no waiting period. Just like there's no waiting period to me get married if you decide do I get married and had married tomorrow. If you wanna get divorced should you be able to just get divorced right away. We'll take a break and be right back it's WW. And welcome back to WWL tub and s's and for Garland Robinette the think tank today. Are pretty jaguar opinion polls should Louisiana shorten the waiting time for divorce from one year. To six months and that is for couples that have. Children under the age of eighteen. Right now 53%. Of you voted outlines a new 47%. Say. Yes. Some of the text at 87870. Of that have been economy and says I had divorced last Thursday we have two grown children together. Louisiana makes it way too hard to get divorced they should try to fix this problem. Another Texan says my parents divorced and annulled their marriage when I was twenty. I was happy because they never liked each other they shouldn't have married each other in the first place it would have saved me a lot of grief. Then spinning get married in the first place you wouldn't be here. That's the whole back to the future conundrum with Marty Klein as parents. Someone says if you want a divorce that means you're not looking to reconcile right. Some couples have reconciled I mean I know some people. As I was talking about just in my own my own personal family and close circle but too many divorces. But I do know of people that got divorced. And then years later remarried. The person they divorced. And in some cases divorced him again later. Some cases they stayed together and happier because they had grown up they were young when I got married men met again years later and got back together and and it worked out that. So they're all sorts of ways to look at it but do you think. The state should stay out of it. Here's says sure cure for divorce don't get married. I guess but you know marriage is a great thing. I'm very happy that. Happily married very happy that I'm married to my life I guess that will be sold 120 for the wedding anniversary coming up this August. We have a daughter who will be getting married in December you youngest of two beautiful step daughter's like caller daughters so. We were. A step family everything you know. Do we get along. And everybody gets along. Do I think it's. I can see where the divorce is probably affected. The daughters in some cases. Earlier on especially when their kids now that they're grown and their adults. In the thirties. A little different. They tend to see things differently now because they are grown kids you don't see things that way when mom and fighting. But it has an effect either way if you stay together and mom and data fighting old time how effective for tickets. How does that help the kids what does that teach the kid going forward. About marriage. Let's make them better is it better just to dissolve it or not. And again I go back to the the reason they did the question I asked that I Andruw before. If you can get married without a waiting period why the you have to wait to get divorced. You know why why is there waiting period for that. Should the government to stay out of that altogether. It's. Basically a contract. That your entering into. When you get married you're ending and you want to dissolve the contract. You should be able to dissolve the contract. Well the lord just as quickly as possible obviously you have to wait for court date and all that that may take time but that's not a waiting period. That's not saying you can't get divorced. You know you're not getting a divorce you have to wait this long before you can file it away once you file you to wait this long before you can even talk. You know that's up to the court to have the court record. But again their other states that are quickly Texas and Mississippi. It's only sixty days. At all to sixty days so basically two months. And then you can you divorce. And most of the studies show. And there was a Dallas east Baton Rouge parish family court judge Lisa Woodruff white testified. She turned to what has happened in court in 2016 giving him two on this how this'll work she says family courts rendered. 1908. Judgments of divorce and 2016. Of which 1167. Cases required trial. Of the a 132 cases dismissed on various grounds. She says she go labor call one. Because the couple that the couple got back together. So you're talking and 19100. Divorces. And only one reconciled. So intent. Why are you making people wait. Doesn't pick it if you Marty made the decision of both parties have reached the decision. They do want a divorce. That this is not gonna work. Why make them wait around year. To me it doesn't make sense I don't know why you would make them wait six months. To be honest. If you bought a new car and you didn't like it. After a week or so. And you decide to bring it back where you wanna sell it you can't because you don't like it. I'm not trying to compare people to cars and trying to prepare a response to cars. Just an example. When you buy something from a stored you don't like you can return it. Can get the other whatever else you like. Depending on the source policy which stored we won't even get into that but. Again. This is something I think you should be between the couple. The couple wants to get to force that's fine now know their Lotta. Lot of times family members don't want them to get divorced. And the members want the try to work things out that's great if they wanna try to work things out. And they agree to try to work things out. Then OK but again that's between them that's not for the state to say. You should reconcile. Never the state does say well you gotta wait a year because were hoping you get back together. That to me that is the government overstepping their boundaries. Right there I don't think there should be winters but that's just me and I have no plans to get divorced so again. Guys say in my opinion on how the law should be. What does it mean. You tell me. What do you think 260187. If I'm not going to tell me I'm not I hear that all the time like I said I'm married. 26018 Seve or you can text in 878 Seve will take a break and be right back. As sob and as is in for Garland Robinette populist and a WWL. Aubrey in Slidell they are every thanks for calling here on WWL. People yeah. They. Should. In mobile and let the it probably. Would do. And what it. Kind. Of I. Keep it in. That much in the who do. Has done but. Fortunately there or bring you good luck. And stroke. And consider the notion that. We can't let it. The big problem. It is. Go back in. The and secure. While. Was understanding. And agreement. We. Use and do it. And we. Do. The daughter and you can't give large and can't. And two people to meet. Mantra can do is just. Now there have been other. Yeah. That's my total. Barbara not not ought not all of them and I think for your call is as I was saying earlier that the statistics we had from. Point sixteen. Out of habit Baton Rouge on 19100. Judgment to divorce and 2016. 11100 of them went to trial 132 were dismissed on various grounds that in go to trial and only one of those. I guess 132 was Henri the breakdown. Actually reconciled. So again the whole thing is about the waiting period. Not about the reasons why people get divorced. Some people texting here and says. I got divorce after six weeks of filing in Louisiana with a fourteen year old I just back dated the separation date. Someone else says and you know listen to go other their humor 100% of divorces begin with merit will of course she can't beat divorce and getting married. I've one person wants out at Texas one of both parties after agree on the divorce. Another tax the way people are today we should change to death to a spark tilt to like get tired of view. Another one says divorce in 2005 for the twelve occurred became law. In in my situation I was glad Juan while I did not want the divorce the children were 811 years old. At the time it was best for us children had the transition from different places to live on. Probable starting different schools divorce was ugly and sometimes the kids were caught emotional middle but six months shorter should be the law. All right we'll take a break and when we come back we'll wrap this hour up and get ready for a next hour talk about Jazz Fest and heritage festival. The New Orleans jazz and heritage festival here Quint Davis will join us. Until it's all about what you can expect at this year's fest will be right back step BW. And while the backed out and as is in forward Garland Robinette. And Mary again earlier the music it's time for the 1000 dollar nationwide jazzy cash contest. Now the code word this hour is the mirror. Mirror text MI RRO. Car. 27288172881. That's where you have detects it. In jazz up your wallet without ever putting down your phone it's 1000 dollars cash and it's just one text away listen for the next code word before the top of the hour news at 2 PM. Good luck from Smart radio intercom and all of a sudden WWL. 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