Title 30 Husband and Wife
Chapter 3 Divorce
Section 11.4 Mandatory orientation course for divorcing parties -- Purpose -- Curriculum -- Exceptions.
30-3-11.4. Mandatory orientation course for divorcing parties -- Purpose --
Curriculum -- Exceptions.
(1) There is established a mandatory divorce orientation course for all parties with minor
children who file a petition for temporary separation or for a divorce. A couple with no minor
children are not required, but may choose to attend the course. The purpose of the course shall
be to educate parties about the divorce process and reasonable alternatives.
(2) A petitioner shall attend a divorce orientation course no more than 60 days after filing
a petition for divorce.
(3) The respondent shall attend the divorce orientation course no more than 30 days after
being served with a petition for divorce.
(4) The clerk of the court shall provide notice to a petitioner of the requirement for the
course, and information regarding the course shall be included with the petition or motion, when
served on the respondent.
(5) The divorce orientation course shall be neutral, unbiased, at least one hour in
duration, and include:
(a) options available as alternatives to divorce;
(b) resources available from courts and administrative agencies for resolving custody and
support issues without filing for divorce;
(c) resources available to improve or strengthen the marriage;
(d) a discussion of the positive and negative consequences of divorce;
(e) a discussion of the process of divorce;
(f) options available for proceeding with a divorce, including:
(i) mediation;
(ii) collaborative law; and
(iii) litigation; and
(g) a discussion of post-divorce resources.
(6) The course may be provided in conjunction with the mandatory course for divorcing
parents required by Section 30-3-11.3.
(7) The Administrative Office of the Courts shall administer the course pursuant to Title
63G, Chapter 6, Utah Procurement Code, through private or public contracts.
(8) Each participant shall pay the costs of the course, which may not exceed $20, to the
independent contractor providing the course at the time and place of the course.
(a) A fee of $5 shall be collected, as part of the course fee paid by each participant, and
deposited in the Children's Legal Defense Account described in Section 51-9-408.
(b) A participant who is unable to pay the costs of the course may attend without
payment and request an Affidavit of Impecuniosity from the provider to be filed with the petition
or motion. The provider shall be reimbursed for its costs by the Administrative Office of the
Courts. A petitioner who is later determined not to meet the qualifications for impecuniosity
may be ordered to pay the costs of the course.
(9) Appropriations from the General Fund to the Administrative Office of the Courts for
the divorce orientation course shall be used to pay the costs of an indigent petitioner who is
determined to be impecunious as provided in Subsection (8)(b).
(10) The Online Court Assistance Program shall include instructions with the forms for
divorce which inform the petitioner of the requirement of this section.
(11) Both parties shall attend a divorce orientation course before a divorce decree may be
entered, unless waived by the court. A certificate of completion constitutes evidence to the court
of course completion by the parties.
(12) It shall be an affirmative defense in all divorce actions that the divorce orientation
requirement was not complied with, and the action may not continue until a party has complied.
(13) The Administrative Office of the Courts shall adopt a program to evaluate the
effectiveness of the mandatory educational course. Progress reports shall be provided annually to
the Judiciary Interim Committee.
Amended by Chapter 382, 2008 General Session
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