SALT LAKE CITY -- Getting divorced and getting married in Utah both may require some class time.
Rep. Jim Nielson, R-Bountiful, is sponsoring HB 290, which would require a couple with one or more minor children to take a divorce orientation course.
Rep. Dixon Pitcher, R-Ogden, is sponsoring a bill, which has not received a number yet, that would require couples seeking a marriage license to get at least three hours of premarital counseling.
Pitcher said his bill should become public today.
Nielson's bill was approved Wednesday by the House Health and Human Services Committee by a vote of 5-3. It now goes before the entire House for further consideration.
Nielson's bill requires the person who wants to file for a divorce to take a divorce orientation course before the divorce is filed. The respondent in the divorce would have to take the course within 30 days of the case being filed.
Currently the law requires a couple to take a divorce orientation course as long as it is completed before the divorce is finalized.
Nielson said moving the requirement up to the front of the divorce proceedings allows couples to know what their options are before it is too late.
The course is required only for those who have minor children living in the home, Nielson said.
It also would restore a 90-day waiting period for a divorce to be finalized. Currently, the waiting period can be waived if the couple shows proof they have taken the course.
A person is exempt from taking the course before filing for divorce if they can show proof of domestic violence, according to the bill. Also a couple that takes the courses, gets back together and then decides to go forward with their divorced, will not have to take the course a second time.
Erik K. Johnson, a divorce attorney in Salt Lake City, spoke against Nielson's bill.
He said it is insulting to require mature adults, who already know divorce is a painful experience, to take a course.
He suggested the state offer a free course online if it wants to require couples to take a divorce orientation course.
Nielson said the course is free, because it is required before a person can file for divorce.
It will cost the state $142,500 if the bill becomes law.
Laura Bunker, director of United Families Utah, supports Nielson's bill. She spoke in behalf of it Tuesday when it was first brought before the committee.
She said statistics have shown states that have a waiting period have lower divorce rates than those that don't. Five states -- Illinois, Louisiana, Missouri, North Carolina and South Carolina -- have a one-year waiting period after a divorce is filed before it is finalized.
Pitcher said Wednesday his bill would help couples filing for a marriage license be more aware of issues they will face, such as finances, problem-solving skills, marital fidelity and commitment.
A couple who brings a certificate showing they received the premarital counseling from either a religious organization or another agency will only pay $20 for a marriage license.
A couple will also have to wait three days to receive a marriage license after they have applied for one, under Pitcher's bill.
Currently a marriage licence costs $50, with $10 going to the county, $10 for the certified copy and $30 to the state, said Terry Tremae, chief deputy clerk with Davis County.
Tremae said Davis County issued 2,029 marriage licenses in 2011.
Under Pitcher's bill, the fee for a marriage license if the couple has not completed a premarital education course or counseling is $65.
A county clerk can waive the premarital education course for couples "based on extraordinary circumstances," such as being in the military, Pitcher said.
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