SB 68- Spouse Abuse Legal Fees

FRANKFORT -- A bill clarifying that a victim of domestic violence is not required to pay divorce costs of a spouse locked up for crimes against the petitioner passed the Senate yesterday by a 37-0 vote.

Under current state law, someone seeking a divorce against an incarcerated person can be held responsible for paying the incarcerated person’s court-appointed lawyer, even when the imprisonment is the result of spousal abuse. 

The measure, known as Senate Bill 68, would take away that burden, said its sponsor, Sen. Morgan McGarvey, D-Louisville. He said the bill would help with “closing a loophole” in current statutes for victims of domestic violence.

Sen. Danny Carrol, R-Paducah, spoke in favor of this bill by telling of his encounters with victims of abuse when he was a law enforcement official.

“Simply put, I think this bill is a way … we can break the cycle of violence,” he said.

A floor amendment that was adopted states that the act will be referred to as Jeanette’s Law. It’s named after Jeanette McCue of Washington County, who testified that she had to pay her ex-husband’s divorce costs while he was imprisoned for abusing her.

SB 68 now goes to the House for consideration.