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House rejects bill to require pre‑filing divorce orientation and restore 90‑day waiting period
Summary
After extended floor debate that focused on access to the courts, child welfare and implementation logistics, the House voted 14–56 to reject House Bill 2 90, which would have required parents with minor children to complete a divorce-orientation course before filing and restored a 90‑day waiting period.
Representative Nielsen presented House Bill 2 90, saying the measure ‘‘simply requires that the course happen before filing for the person who files’’ and makes the one‑hour orientation free and available online to avoid barriers to court access.
Supporters argued the course and waiting period promote informed decision‑making for parents and could reduce unnecessary divorces. ‘‘We can always find individual cases where it just doesn't seem quite right,’’ Nielsen told colleagues, but he added the legislation includes an exception for people in imminent danger and that online delivery would allow filing within an hour of completing the course.
Opponents raised constitutional and practical objections. Representative King warned the Utah State Bar opposes the bill on grounds it could impede ‘‘open access to the courts’’ and invite litigation; Representative McKiff said the bill would place clerks in the position of judging emergency evidence before a complaint is accepted. Representative Anderson said some people need immediate relief and described a delayed filing as ‘‘unconscionable’’ in urgent circumstances.
Members also debated costs and the bill's fiscal design. Representative Ray advanced an amendment to have filers cover the program fee; Representative Nelson said that variant was a ‘‘friendly amendment’’ intended to neutralize the fiscal note. The body adopted several technical amendments (including wording changes and fee adjustments) and discussed an exception for domestic‑violence victims.
After more than an hour of floor debate and multiple amendments, the House opened the vote. House Bill 2 90 failed on the floor, 14 yes and 56 no. The House recorded the outcome and the bill will be filed per chamber practice.
The vote closed the matter for this floor day; sponsors and opponents indicated the bill's policy questions—balancing family preservation goals and prompt access to emergency court relief—remain contested and could return in future drafts.
