H.B. 271 Enrolled

DIVORCE EDUCATION PROGRAM TECHNICAL CORRECTION
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: J. Brent Haymond
AN ACT RELATING TO DIVORCE; REMOVING OUTDATED LANGUAGE RELATING TO
PILOT PROGRAM.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
30-3-4, as last amended by Chapter 62, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-3-4 is amended to read:
30-3-4. Pleadings -- Findings -- Decree -- Use of affidavit -- Sealing.
(1) (a) The complaint shall be in writing and signed by the plaintiff or plaintiff'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 defendant,
evidence to support the decree may be submitted upon the affidavit of the plaintiff with the
approval of the court.
(c) If the plaintiff and the defendant have a child or children [and the plaintiff has filed an
action in the judicial district as defined in Section 78-1-2.1 where the pilot program shall be
administered], a decree of divorce may not be granted until both parties have attended [a] the
mandatory course [provided] 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 78-3-31 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 defendant, upon the plaintiff's affidavit.
(2) The file, except the decree of divorce, may be sealed by order of the court upon the

motion of either party. The sealed portion of the file is available to the public only upon an order
of the court. The concerned parties, the attorneys of record or attorney filing a notice of appearance
in the action, the Office of Recovery Services if a party to the proceedings has applied for or is
receiving public assistance, or the court, have full access to the entire record. This sealing does not
apply to subsequent filings to enforce or amend the decree.

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