H.B. 140

1

DIVORCE WAITING PERIOD AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Val L. Peterson
5 Senate Sponsor: Lyle W. Hillyard
6
7 LONG TITLE
8 General Description:
9 This bill restores the 90-day waiting period required for divorces.
10 Highlighted Provisions:
11 This bill:
12 . restores the 90-day waiting period before a hearing may be held in a divorce; and
13 . creates an exception if the court finds that extraordinary circumstances exist that
14 allow the waiver of the 90-day period.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 30-3-7, as last amended by Laws of Utah 1994, Chapter 167
22 30-3-18, as last amended by Laws of Utah 1997, Chapter 215
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 30-3-7 is amended to read:
26 30-3-7. When decree becomes absolute.
27 (1) The decree of divorce becomes absolute:

28 (a) on the date it is signed by the court and entered by the clerk in the register of
29 actions [if both the parties who have a child or children have completed attendance at the
30 mandatory course for divorcing parents as provided in Section 30-3-11.3 except if the court
31 waives the requirement, on its own motion or on the motion of one of the parties, upon
32 determination that course attendance and completion are not necessary, appropriate, feasible, or
33 in the best interest of the parties];
34 (b) at the expiration of a period of time the court may specifically designate, unless an
35 appeal or other proceedings for review are pending; or
36 (c) when the court, before the decree becomes absolute, for sufficient cause otherwise
37 orders.
38 (2) The court, upon application or on its own motion for good cause shown, may
39 waive, alter, or extend a designated period of time before the decree becomes absolute, but not
40 to exceed six months from the signing and entry of the decree.
41 Section 2. Section 30-3-18 is amended to read:
42 30-3-18. Waiting period for hearing after filing for divorce -- Exemption -- Use of
43 counseling and education services not to be construed as condonation or promotion.
44 (1) Unless the court[, for good cause shown and set forth in the findings,] finds that
45 extraordinary circumstances exist and otherwise orders, no hearing for decree of divorce [shall]
46 may be held by the court until 90 days [shall have] has elapsed from the filing of the complaint,
47 provided the court may make [such] any interim orders as [may be] it considers just and
48 equitable.
49 [(2) The 90-day period as provided in Subsection (1) shall not apply in any case where
50 both parties have completed the mandatory educational course for divorcing parents as
51 provided in Section 30-3-11.3 .]
52 [(3)] (2) The use of counseling, mediation, and education services provided under this
53 chapter may not be construed as condoning the acts that may constitute grounds for divorce on
54 the part of either spouse nor of promoting divorce.

Legislative Review Note
as of 2-17-11 11:33 AM

Office of Legislative Research and General Counsel