30-3-4. Pleadings -- Decree -- Use of affidavit -- Private records.
(1) (a) The complaint shall be in writing and signed by the petitioner or petitioner's
attorney.
(b) A decree of divorce may not be granted upon default or otherwise except upon legal
evidence taken in the cause. If the decree is to be entered upon the default of the respondent,
evidence to support the decree may be submitted upon the affidavit of the petitioner with the
approval of the court.
(c) If the petitioner and the respondent have a child or children, a decree of divorce may
not be granted until both parties have attended the mandatory course described in Section
30-3-11.3, and have presented a certificate of course completion to the court. The court may
waive this requirement, on its own motion or on the motion of one of the parties, if it determines
course attendance and completion are not necessary, appropriate, feasible, or in the best interest
of the parties.
(d) All hearings and trials for divorce shall be held before the court or the court
commissioner as provided by Section 78A-5-107 and rules of the Judicial Council. The court or
the commissioner in all divorce cases shall enter the decree upon the evidence or, in the case of a
decree after default of the respondent, upon the petitioner's affidavit.
(2) (a) A party to an action brought under this title or to an action under Title 78B,
Chapter 12, Utah Child Support Act, Title 78B, Chapter 13, Utah Uniform Child Custody
Jurisdiction and Enforcement Act, Title 78B, Chapter 14, Uniform Interstate Family Support Act,
Title 78B, Chapter 15, Utah Uniform Parentage Act, or to an action to modify or enforce a
judgment in the action may file a motion to have the file other than the final judgment, order, or
decree classified as private.
(b) If the court finds that there are substantial interests favoring restricting access that
clearly outweigh the interests favoring access, the court may classify the file, or any part thereof
other than the final order, judgment, or decree, as private. An order classifying part of the file as
private does not apply to subsequent filings.
(c) The record is private until the judge determines it is possible to release the record
without prejudice to the interests that justified the closure. Any interested person may petition
the court to permit access to a record classified as private under this section. The petition shall
be served on the parties to the closure order.
Amended by Chapter 3, 2008 General Session
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Last revised: Thursday, May 28, 2009