3 divorce measures hit close to home

Lynn Bartels, Rocky Mountain News

Thursday, January 19, 2006

A recently divorced lawmaker has raised eyebrows at the Capitol by introducing three bills related to divorce.

Rep. Lauri Clapp, R-Englewood, said Wednesday she learned of problems in the court system while going through her divorce, but she stressed that the bills are not a response to her situation.

"This isn't my personal stuff," she said. "This wouldn't affect me one way or another.

"But when you talk to people who have been through the system, you find out there are abuses," Clapp said. "We want to see that people are treated fairly. That's what this is about."

Her bills - which include eliminating a 90-day waiting period and a mandatory parenting class - have lawmakers and divorce lawyers talking.

"I always hate it when lawmakers use their own personal experiences to try to change the law," said attorney Harvey Steinberg. "It's aways important to subtract emotion when determining important legal issues. Can you think of anything more emotional than a divorce?"

Divorce attorney Denise Mills, after reviewing the bills, said their passage would be "stepping backward."

But Clapp said a lot of men and women who divorce "suffer because of the system," and her legislation addresses that.

"I think this is pretty straightforward public policy that makes a lot of sense," she said.

Clapp said her divorce was final last fall. She and her former husband, Rolley, have three children.

The family law arm of the Colorado Bar Association is reviewing Clapp's bills to determine whether the organization should support, oppose or remain neutral on them, said attorney Fran Fontana.

She said a decision is likely by the end of the week.

Divorce attorney Michael DiManna said ending the 90-day waiting period might work in some cases, if there were no children, few assets and no disagreements involved. Otherwise, he said, it's not practical because, for example, it often takes weeks just to get financial data together.

A second bill would punish a party who engages in "unjustifiable conduct," including trying to find out information in a way that causes "unwarranted annoyance" or embarrassment to another party.

Both Mills and DiManna said the courts already have the power to stop that behavior.

"What this is going to do, unfortunately, is create another tier of litigation," DiManna said. "The courts already are jammed enough."

The third Clapp bill contains two separate provisions. One would end a mandatory four-hour, $40 program for parents with children under the age of 18 that informs them about the impact of divorce on kids.

"I have a lot of clients who initially object to that," DiManna said, "but I don't think I've had one come back and say, 'That was a waste of time.' "

The other provision in the bill would seal psychological and medical records related to establishing custody. Miller and DiManna said they support that proposal.

bartels@RockyMountainNews.com or 303-892-5327