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House restores 90-day waiting period for divorces, narrowly passes bill

Utah House of Representatives · March 1, 2011
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Summary

House Bill 140, reinstating a 90-day waiting period before finalizing a divorce, passed the House 41-32 after extended debate about family impact and government role; sponsors said judges may exempt extraordinary circumstances including abuse.

The Utah House on March 1 passed House Bill 140, restoring a 90-day waiting period to finalize divorces that sponsors said restores the statute to its preexisting structure prior to the adoption of a divorce orientation education-waiver practice. Representative Val Petersen (sponsor) said the waiting period "is important in order to just give people a little bit of time to reflect," and cited family-impact commentary from an academic source shared with members.

Opponents including Representative Watkins argued a mandatory waiting period imposes government overreach into personal decisions and may not aid families in crisis; Watkins said of her own experience that a waiting period "isn't going to make a lot of difference" for many. Members also discussed whether the bill provided adequate protection for individuals in abusive situations; the sponsor said "extraordinary circumstances... would be determined by the judge, but abuse would certainly fall into that category."

After floor debate and questions about definitions and impacts, the House voted to pass HB 140, 41 yes to 32 no. The bill will be transmitted to the Senate for its consideration.