Bill requiring counseling before divorce moves on

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Before filing for divorce, Utah couples would first have to enroll in a mandatory divorce orientation course according to a bill that squeezed past committee Friday by a 5-4 vote.

Divorce is usually seen as a private matter between two people, but Rep. Lorie D. Fowlke, R-Orem, said it costs the government and society substantial sums of money. That's why she drafted a bill requiring couples to enroll in a course to help them understand the consequences.

"Because of the money the government spends subsidizing divorce, there is a legitimate interest," Fowlke said.

Utah State University conducted a study in 2003 and found there were 9,517 divorces in Utah, which cost the state and federal government about $197 million in child support, food stamps, Medicaid and Medicare, Fowlke said. The high costs give the government good reason to have couples think before they rush to the court house, she said.

"What I am trying to do is help people slow down and become a little bit more educated about the consequences of divorce before they elect to proceed," Fowlke said.

The bill creates a pilot program in the 3rd and 4th Judicial Districts, which would require couples to enroll in a one-hour divorce orientation before a complaint can be filed. Persons certified by the Administrative Office of the Courts would teach the course.

The course curriculum includes a discussion of the consequences of divorce, the divorce process and resources available to improve the marriage. The course also covers options available for proceeding with a divorce such as mediation, collaboration and litigation.

"People have an unrealistic expectation about what they are going to get when they get their divorce," Fowlke said. "They have problems in their marriage and so they think that getting a divorce is going to solve their problem without recognizing the myriad of problems the divorce is going to bring to them as well."

Fowlke cited a study that looked at about 5,000 couples who were considering divorce. About half of the couples went through with the divorce. After a few months, she said, 80 percent of the couples who stayed together said they were happy, whereas only 19 percent of the individuals who divorced identified themselves as happy.

Rep. Scott Wyatt, R-Logan, a former county prosecuting attorney, expressed skepticism in the validity of the study.

"It's easy for me to assume that the 50 percent who chose not to, their marriage wasn't so bad, and they were able to work it out," he said. "The 50 percent who made the decision (to divorce) their marriage was worse, and naturally are less happy. We do a lot of studies, and I'm not sure if we conclude the right results."

Rep. Jim Ferrin, R-Orem, said he doubts whether the mandatory course would have any effect.

"I'm not convinced a one-hour course covering this long list of topics is going to have a long meaningful impact on anyone's decision to divorce or not divorce," he said.

This story appeared in The Daily Herald on page A2.

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