Utah House restores 90‑day waiting period for divorces under House Bill 316

The Utah House on Feb. 28 passed House Bill 316 to restore a 90‑day waiting period for divorces, a measure its sponsor said is intended to give couples a cooling‑off period and increase the chance of reconciliation.

"What this bill does is, restores the 90 day waiting period for divorce," said Representative Val Peterson, the bill sponsor, who argued literature shows waiting periods can help some couples and their children. Peterson said courts would retain discretion to waive the period in "extraordinary circumstances," including abuse or danger to a spouse.

Lawmakers who opposed the bill described it as an intrusion on personal liberty. "Forcing those people to wait another 90 days is nothing less than cruel," Representative Anderson said, describing cases in which parties had already deliberated and prepared legal filings.

Representative Nielsen, speaking for supporters, framed the measure around children’s welfare and cited mediator anecdotes in which waiting periods led couples to seek counseling and withdraw petitions. The sponsor also clarified the existing divorce‑education course is a two‑hour information session, not ongoing counseling, and that the statute will preserve court authority to shorten or waive the waiting period when warranted.

The bill moves the waiting‑period provision back into statute and, according to sponsors, corrects an earlier drafting change that left parents who take the education class able to waive the 90 days while others could not. The measure was advanced to the Senate for consideration.

Next steps: The House transmitted the bill to the Senate for its consideration.