Utah Legislature Strikes Down Amendments for Divorce Class Law

by Admin on February 17, 2012

While most people consider divorce to be about as enjoyable as a trip to the dentist for a root canal, legislators in Utah evidently feel differently; recently, they tried to extend the divorce process to a 90-day long ‘waiting period’ in addition to taking a mandatory “divorce class” before even filing divorce.

Under Utah state law, couples with children who have filed for divorce are already required to take a invasive “divorce orientation” classes within 60 days of filing for divorce; the bill in question would have required that the class be taken even before the motion had been filed.

Under the proposed bill, which was struck down this week, couples desiring a divorce would have been required to wait for a 90-day long “grace period” between filing for divorce and finalizing a divorce. Defendants of the bill claimed that the waiting period would have prevented couples who would have otherwise have regretted a hasty divorce to reconcile and call the divorce off. The bill’s opponents responded that the Utah government should not be involved in divorce proceedings.

State requirements that couples take a “divorce class” on the proper management of post-divorce family life (let alone wait for three months for divorce to be finalized) are invasive, condescending, and even dangerous. By demanding that couples take such a class or wait such a long amount of time before legally divorcing, the Utah government makes a statement that families are incapable of managing their personal lives with state involvement; furthermore, forcing a couple who desire a divorce to interact in a classroom environment, or to force a couple to wait an inordinate amount of time for divorce, could be both dangerous and cruel if allegations of spousal abuse are on the table.

Thailand divorce proceedings have no such requirements. Indeed, under Thailand divorce law, couples who desire to separate amicably and quietly outside of court may do so with a Thailand administrative divorce.

The libertarian in us is concerned that the Utah government might be invading private spheres a bit too much. What’s next?  Drone airplane surveillance from above? Oops…

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