Opponents of HB438 said it's an unnecessary "government mandate" and barrier to divorce, especially for poor people who can't afford such counseling or who might be trying to get out of an abusive marriage.

They said while the bill allows an exemption for someone claiming "physical abuse," there might be other types of abuse they're trying to escape.

Ed Higgins of Montana Legal Services, which provides civil legal services to poor people, said many who come to Legal Services are simply "seeking recognition

of something that has already happened: The end of their marriage."

"Those living at or below poverty simply cannot afford to pay for counseling," he said. "For someone who is not a lawyer, this adds more confusion to the legal procedure."

Patricia Lawson, her voice breaking with emotion, said a woman trapped in an abusive marriage often has trouble coming up with the money for a divorce.

"If legislators want an unfunded mandate for counseling, who's going to be liable for the woman's safety?" she said. "If you must insist on counseling, premarital counseling would be the answer. Before you get married is when you should be getting the counseling."