Waiting period before divorce could prevent split families


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Should a couple be required to wait a year before getting a divorce? That's what new proposal is asking lawmakers to require.

A new report called "Second Chances: A Proposal to Reduce Unnecessary Divorce," published by the Institute for American Values, says that research shows even after someone files for divorce they often have doubts about whether divorce is the right decision.


A modest reduction in divorce would benefit more than 400,000 U.S. children each year. - Institute for American Values

The authors, a Georgia state senator and a family sciences professor, found out that well into the divorce process some 40 percent of American couples had one or both parties open to the possibility of reconciliation.

The report also recommends what it calls the "Second Chance Act," a single piece of state legislation that would would require, among other things, a year-long waiting period before a divorce would be finalized. During that year, the couple could choose to work on the terms of the divorce - ironing out things like custody and assets - or they could work on saving the marriage.

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The proposal would also require couples with minor children to take a pre-filing education class this would potentially take place at university based education centers that would offer information and resources for couples at risk of divorce.

So far, no lawmakers in Utah have proposed this type of legislation, but Rep. Jim Nielson, R-Bountiful, is proposing a bill that would require couples to take a divorce orientation class before they file. Right now, couples with children are required to take such a course, but have 60 days after they file to complete the course. Nielson hopes taking it sooner would prevent some divorces.

"Having that information so late in the process has been shown to have little or no impact on the decision making process," said Nielson in a blog post.

Email: bwalker@ksl.com

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