HB2398 Summary

• Extends the mandatory waiting period for all divorce actions from 90 days to 6 months from the date of filing the petition, removing the prior restriction that applied only to cases involving minor children.

• Eliminates the provision allowing courts to waive the waiting period for good cause shown without objection by either party.

• Requires parties to attend and complete an educational program during the 6-month period as specified in Section 107.2 of Title 43.

• Provides 10 exceptions to the waiting period for divorces filed on grounds including abandonment, adultery, extreme cruelty, habitual drunkenness, imprisonment, insanity, certain child abuse convictions, and certain domestic abuse convictions.

• Allows courts to issue final divorce orders before the 6-month period expires if both parties voluntarily participate in marital or family counseling and the court finds reconciliation is unlikely.