1     
DIVORCE PROCESS AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Todd Weiler

5     
House Sponsor: V. Lowry Snow

6     

7     LONG TITLE
8     General Description:
9          This bill addresses divorces.
10     Highlighted Provisions:
11          This bill:
12          ▸     addresses mandatory courses before certain actions by the court;
13          ▸     repeals various provisions related to divorce actions;
14          ▸     modifies the waiting period for hearing after filing for divorce; and
15          ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          30-3-4, as last amended by Laws of Utah 2015, Chapter 45
23          30-3-11.3, as last amended by Laws of Utah 2016, Chapter 91
24          30-3-11.4, as last amended by Laws of Utah 2014, Chapter 347
25          30-3-18, as last amended by Laws of Utah 2012, Chapter 404
26     REPEALS:
27          30-3-12, as last amended by Laws of Utah 1969, Chapter 72
28          30-3-13.1, as last amended by Laws of Utah 1993, Chapter 227
29          30-3-14.1, as enacted by Laws of Utah 1969, Chapter 72

30          30-3-15.1, as enacted by Laws of Utah 1969, Chapter 72
31          30-3-15.3, as last amended by Laws of Utah 2015, Chapter 45
32          30-3-15.4, as last amended by Laws of Utah 1996, Chapter 79
33          30-3-16.1, as enacted by Laws of Utah 1969, Chapter 72
34          30-3-16.2, as enacted by Laws of Utah 1969, Chapter 72
35          30-3-16.3, as enacted by Laws of Utah 1969, Chapter 72
36          30-3-16.4, as enacted by Laws of Utah 1969, Chapter 72
37          30-3-16.5, as enacted by Laws of Utah 1969, Chapter 72
38          30-3-16.6, as enacted by Laws of Utah 1969, Chapter 72
39          30-3-16.7, as last amended by Laws of Utah 2011, Chapter 297
40          30-3-17, as last amended by Laws of Utah 2011, Chapter 297
41          30-3-17.1, as last amended by Laws of Utah 2011, Chapter 297
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 30-3-4 is amended to read:
45          30-3-4. Pleadings -- Decree -- Use of affidavit -- Private records.
46          (1) (a) The complaint shall be in writing and signed by the petitioner or petitioner's
47     attorney.
48          (b) A decree of divorce may not be granted upon default or otherwise except upon legal
49     evidence taken in the cause. If the decree is to be entered upon the default of the respondent,
50     evidence to support the decree may be submitted upon the affidavit of the petitioner with the
51     approval of the court.
52          (c) If the petitioner and the respondent have a child or children, a decree of divorce
53     may not be granted until both parties have attended the mandatory course described in Section
54     30-3-11.3 or 30-3-11.4, and have presented a certificate of course completion to the court. The
55     court may waive this requirement, on its own motion or on the motion of one of the parties, if it
56     determines course attendance and completion are not necessary, appropriate, feasible, or in the
57     best interest of the parties.

58          (d) All hearings and trials for divorce shall be held before the court or the court
59     commissioner as provided by Section 78A-5-107 and rules of the Judicial Council. The court
60     or the commissioner in all divorce cases shall enter the decree upon the evidence or, in the case
61     of a decree after default of the respondent, upon the petitioner's affidavit.
62          (2) (a) A party to an action brought under this title or to an action under Title 78B,
63     Chapter 12, Utah Child Support Act, Title 78B, Chapter 13, Utah Uniform Child Custody
64     Jurisdiction and Enforcement Act, Title 78B, Chapter 14, Utah Uniform Interstate Family
65     Support Act, Title 78B, Chapter 15, Utah Uniform Parentage Act, or to an action to modify or
66     enforce a judgment in the action may file a motion to have the file other than the final
67     judgment, order, or decree classified as private.
68          (b) If the court finds that there are substantial interests favoring restricting access that
69     clearly outweigh the interests favoring access, the court may classify the file, or any part
70     thereof other than the final order, judgment, or decree, as private. An order classifying part of
71     the file as private does not apply to subsequent filings.
72          (c) The record is private until the judge determines it is possible to release the record
73     without prejudice to the interests that justified the closure. Any interested person may petition
74     the court to permit access to a record classified as private under this section. The petition shall
75     be served on the parties to the closure order.
76          Section 2. Section 30-3-11.3 is amended to read:
77          30-3-11.3. Mandatory educational course for divorcing parents -- Purpose --
78     Curriculum -- Reporting.
79          (1) The Judicial Council shall approve and implement a mandatory course for
80     divorcing parents in all judicial districts. The mandatory course is designed to educate and
81     sensitize divorcing parties to their children's needs both during and after the divorce process.
82          (2) The Judicial Council shall adopt rules to implement and administer this program.
83          (3) (a) As a prerequisite to receiving a divorce decree, both parties are required to
84     attend a mandatory course on their children's needs after filing a complaint for divorce and
85     receiving a docket number, unless waived under Section 30-3-4. If that requirement is waived,

86     the court may permit the divorce action to proceed.
87          (b) With the exception of a temporary restraining order pursuant to Rule 65, Utah
88     Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order
89     related to the divorce until the moving party completes the mandatory educational course for
90     divorcing parents required by this section.
91          (4) The court may require unmarried parents to attend this educational course when
92     those parents are involved in a visitation or custody proceeding before the court.
93          (5) The mandatory course shall instruct both parties:
94          (a) about divorce and its impacts on:
95          (i) their child or children;
96          (ii) their family relationship; and
97          (iii) their financial responsibilities for their child or children; and
98          (b) that domestic violence has a harmful effect on children and family relationships.
99          (6) The course may be provided through live instruction, video instruction, or an online
100     provider. The online and video options must be formatted as interactive presentations that
101     ensure active participation and learning by the parent.
102          (7) The Administrative Office of the Courts shall administer the course pursuant to
103     Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts and
104     organize the program in each of Utah's judicial districts. The contracts shall provide for the
105     recoupment of administrative expenses through the costs charged to individual parties,
106     pursuant to Subsection (9).
107          (8) A certificate of completion constitutes evidence to the court of course completion
108     by the parties.
109          (9) (a) Each party shall pay the costs of the course to the independent contractor
110     providing the course at the time and place of the course. A fee of $8 shall be collected, as part
111     of the course fee paid by each participant, and deposited in the Children's Legal Defense
112     Account, described in Section 51-9-408.
113          (b) Each party who is unable to pay the costs of the course may attend the course

114     without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
115     impecuniosity filed in the district court. In those situations, the independent contractor shall be
116     reimbursed for its costs from the appropriation to the Administrative Office of the Courts for
117     "Mandatory Educational Course for Divorcing Parents Program." Before a decree of divorce
118     may be entered, the court shall make a final review and determination of impecuniosity and
119     may order the payment of the costs if so determined.
120          (10) Appropriations from the General Fund to the Administrative Office of the Courts
121     for the "Mandatory Educational Course for Divorcing Parents Program" shall be used to pay
122     the costs of an indigent parent who makes a showing as provided in Subsection (9)(b).
123          (11) The Administrative Office of the Courts shall adopt a program to evaluate the
124     effectiveness of the mandatory educational course. Progress reports shall be provided if
125     requested by the Judiciary Interim Committee.
126          Section 3. Section 30-3-11.4 is amended to read:
127          30-3-11.4. Mandatory orientation course for divorcing parties -- Purpose --
128     Curriculum -- Reporting.
129          (1) There is established a mandatory divorce orientation course for all parties with
130     minor children who file a petition for temporary separation or for a divorce. A couple with no
131     minor children [are] is not required, but may choose to attend the course. The purpose of the
132     course [shall be] is to educate parties about the divorce process and reasonable alternatives.
133          (2) A petitioner shall attend a divorce orientation course no more than 60 days after
134     filing a petition for divorce.
135          (3) (a) With the exception of a temporary restraining [orders] order pursuant to Rule
136     65, Utah Rules of Civil [Procedures] Procedure, a party may file, but the court may not hear,
137     [temporary orders until the party seeking temporary orders has completed] a motion for an
138     order related to the divorce or petition for temporary separation, until the moving party
139     completes the divorce orientation course.
140          (b) Notwithstanding Subsection (3)(a), both parties shall attend a divorce orientation
141     course before a divorce decree may be entered, unless waived by the court under Section

142     30-3-4.
143          (4) The respondent shall attend the divorce orientation course no more than 30 days
144     after being served with a petition for divorce.
145          (5) The clerk of the court shall provide notice to a petitioner of the requirement for the
146     course, and information regarding the course shall be included with the petition or motion,
147     when served on the respondent.
148          (6) The divorce orientation course shall be neutral, unbiased, at least one hour in
149     duration, and include:
150          (a) options available as alternatives to divorce;
151          (b) resources available from courts and administrative agencies for resolving custody
152     and support issues without filing for divorce;
153          (c) resources available to improve or strengthen the marriage;
154          (d) a discussion of the positive and negative consequences of divorce;
155          (e) a discussion of the process of divorce;
156          (f) options available for proceeding with a divorce, including:
157          (i) mediation;
158          (ii) collaborative law; and
159          (iii) litigation; and
160          (g) a discussion of post-divorce resources.
161          (7) The course may be provided in conjunction with the mandatory course for
162     divorcing parents required by Section 30-3-11.3.
163          (8) The Administrative Office of the Courts shall administer the course pursuant to
164     Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts.
165          (9) The course may be through live instruction, video instruction, or through an online
166     provider.
167          (10) (a) [Each] A participant shall pay the costs of the course, which may not exceed
168     $30, to the independent contractor providing the course at the time and place of the course.
169          (b) A petitioner who attends a live instruction course within 30 days of filing may not

170     be charged more than $15 for the course.
171          (c) A respondent who attends a live instruction course within 30 days of being served
172     with a petition for divorce may not be charged more than $15 for the course.
173          [(a)] (d) A fee of $5 shall be collected, as part of the course fee paid by each
174     participant, and deposited in the Children's Legal Defense Account described in Section
175     51-9-408.
176          [(b)] (e) A participant who is unable to pay the costs of the course may attend without
177     payment and request an Affidavit of Impecuniosity from the provider to be filed with the
178     petition or motion. The provider shall be reimbursed for its costs by the Administrative Office
179     of the Courts. A petitioner who is later determined not to meet the qualifications for
180     impecuniosity may be ordered to pay the costs of the course.
181          (11) Appropriations from the General Fund to the Administrative Office of the Courts
182     for the divorce orientation course shall be used to pay the costs of an indigent petitioner who is
183     determined to be impecunious as provided in Subsection (10)[(b)](e).
184          (12) The Online Court Assistance Program shall include instructions with the forms for
185     divorce [which] that inform the petitioner of the requirement of this section.
186          (13) [Both parties shall attend a divorce orientation course before a divorce decree may
187     be entered, unless waived by the court.] A certificate of completion constitutes evidence to the
188     court of course completion by the parties.
189          (14) It shall be an affirmative defense in all divorce actions that the divorce orientation
190     requirement was not complied with, and the action may not continue until a party has
191     complied.
192          (15) The Administrative Office of the Courts shall adopt a program to evaluate the
193     effectiveness of the mandatory educational course. Progress reports shall be provided if
194     requested by the Judiciary Interim Committee.
195          Section 4. Section 30-3-18 is amended to read:
196          30-3-18. Waiting period for hearing after filing for divorce -- Exemption -- Use of
197     counseling and education services not to be construed as condonation or promotion.

198          (1) Unless the court finds that extraordinary circumstances exist and otherwise orders,
199     no hearing for decree of divorce may be held by the court until [90] 30 days has elapsed from
200     the filing of the complaint, but the court may make interim orders as it considers just and
201     equitable.
202          (2) The use of counseling, mediation, and education services provided under this
203     chapter may not be construed as condoning the acts that may constitute grounds for divorce on
204     the part of either spouse nor of promoting divorce.
205          Section 5. Repealer.
206          This bill repeals:
207          Section 30-3-12, Courts to exercise family counseling powers.
208          Section 30-3-13.1, Establishment of family court division of district court.
209          Section 30-3-14.1, Designation of judges -- Terms.
210          Section 30-3-15.1, Appointment of domestic relations counselors, family court
211     commissioner, and assistants and clerks.
212          Section 30-3-15.3, Commissioners -- Powers.
213          Section 30-3-15.4, Salaries and expenses.
214          Section 30-3-16.1, Jurisdiction of family court division -- Powers.
215          Section 30-3-16.2, Petition for conciliation.
216          Section 30-3-16.3, Contents of petition.
217          Section 30-3-16.4, Procedure upon filing of petition.
218          Section 30-3-16.5, Fees.
219          Section 30-3-16.6, Information not available to public.
220          Section 30-3-16.7, Effect of petition -- Pendency of action.
221          Section 30-3-17, Power and jurisdiction of judge.
222          Section 30-3-17.1, Proceedings considered confidential -- Written evaluation by
223     counselor.