This document includes House Committee Amendments incorporated into the bill on Fri, Feb 14, 2014 at 3:18 PM by jeyring. --> This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Mar 5, 2014 at 4:47 PM by lpoole. --> 1
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the mandatory divorce orientation course.
10 Highlighted Provisions:
11 This bill:
12 . requires a H. [
12a the divorce
13 orientation course prior to the court H. [
14 circumstances exist regarding the safety of the petitioner or the petitioner's minor
16 . allows for the divorce orientation course to be completed through live instruction,
17 video instruction, or through an online provider.
18 Money Appropriated in this Bill:
20 Other Special Clauses:
21 S. [
22 Utah Code Sections Affected:
24 30-3-11.4 , as last amended by Laws of Utah 2012, Chapter 347
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 30-3-11.4 is amended to read:
28 30-3-11.4. Mandatory orientation course for divorcing parties -- Purpose --
29 Curriculum -- Exceptions.
30 (1) There is established a mandatory divorce orientation course for all parties with
31 minor children who file a petition for temporary separation or for a divorce. A couple with no
32 minor children are not required, but may choose to attend the course. The purpose of the
33 course shall be to educate parties about the divorce process and reasonable alternatives.
34 (2) A petitioner shall attend a divorce orientation course no more than 60 days after
35 filing a petition for divorce.
36 (3) H. [
36a Utah Rules of Civil Procedure, a party may file, but the .H court may not H. [
36b hear, .H temporary orders until the H. [
36c completed the
37 divorce orientation course H. [
38 safety of the petitioner or a minor child of the petitioner
40 days after being served with a petition for divorce.
42 for the course, and information regarding the course shall be included with the petition or
43 motion, when served on the respondent.
45 duration, and include:
46 (a) options available as alternatives to divorce;
47 (b) resources available from courts and administrative agencies for resolving custody
48 and support issues without filing for divorce;
49 (c) resources available to improve or strengthen the marriage;
50 (d) a discussion of the positive and negative consequences of divorce;
51 (e) a discussion of the process of divorce;
52 (f) options available for proceeding with a divorce, including:
53 (i) mediation;
54 (ii) collaborative law; and
55 (iii) litigation; and
56 (g) a discussion of post-divorce resources.
58 divorcing parents required by Section 30-3-11.3 .
60 to Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts.
61 (9) The course may be through live instruction, video instruction, or through an online
64 S. [
64a course. S. A petitioner who attends a live instruction course within 30 days of filing may not
64b be charged more than $15 for the course. A respondent who attends a live instruction course
64c within 30 days of being served with a petition for divorce may not be charged more than $15
64d for the course. .S
65 (a) A fee of $5 shall be collected, as part of the course fee paid by each participant, and
66 deposited in the Children's Legal Defense Account described in Section 51-9-408 .
67 (b) A participant who is unable to pay the costs of the course may attend without
68 payment and request an Affidavit of Impecuniosity from the provider to be filed with the
69 petition or motion. The provider shall be reimbursed for its costs by the Administrative Office
70 of the Courts. A petitioner who is later determined not to meet the qualifications for
71 impecuniosity may be ordered to pay the costs of the course.
73 Courts for the divorce orientation course shall be used to pay the costs of an indigent petitioner
74 who is determined to be impecunious as provided in Subsection [
76 forms for divorce which inform the petitioner of the requirement of this section.
78 decree may be entered, unless waived by the court. A certificate of completion constitutes
79 evidence to the court of course completion by the parties.
81 orientation requirement was not complied with, and the action may not continue until a party
82 has complied.
84 the effectiveness of the mandatory educational course. Progress reports shall be provided if
85 requested by the Judiciary Interim Committee.
85a S. Section 2. Effective date.
85b This bill takes effect on July 1, 2014. .S
Legislative Review Note
as of 2-5-14 11:16 AM