Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 25 First Substitute (2018GS)

Sponsor

Sen. Weiler, T.

Final action

Became Law w/o Governor Signature 3/27/2018

Outcome

Became Law w/o Governor Signature

Summary

What it does

• This bill:
• addresses mandatory courses before certain actions by the court;
• repeals various provisions related to divorce actions;
• modifies the waiting period for hearing after filing for divorce; and
• makes technical changes.

Every vote on this bill

Bill text

DIVORCE PROCESS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Todd Weiler
House Sponsor: 
V. Lowry Snow
LONG TITLE
General Description:
This bill addresses divorces.
Highlighted Provisions:
This bill:
▸ addresses mandatory courses before certain actions by the court;
▸ repeals various provisions related to divorce actions;
▸ modifies the waiting period for hearing after filing for divorce; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
30-3-4
, as last amended by Laws of Utah 2015, Chapter 45
30-3-11.3
, as last amended by Laws of Utah 2016, Chapter 91
30-3-11.4
, as last amended by Laws of Utah 2014, Chapter 347
30-3-18
, as last amended by Laws of Utah 2012, Chapter 404
REPEALS:
30-3-12
, as last amended by Laws of Utah 1969, Chapter 72
30-3-13.1
, as last amended by Laws of Utah 1993, Chapter 227
30-3-14.1
, as enacted by Laws of Utah 1969, Chapter 72
30-3-15.1
, as enacted by Laws of Utah 1969, Chapter 72
30-3-15.3
, as last amended by Laws of Utah 2015, Chapter 45
30-3-15.4
, as last amended by Laws of Utah 1996, Chapter 79
30-3-16.1
, as enacted by Laws of Utah 1969, Chapter 72
30-3-16.2
, as enacted by Laws of Utah 1969, Chapter 72
30-3-16.3
, as enacted by Laws of Utah 1969, Chapter 72
30-3-16.4
, as enacted by Laws of Utah 1969, Chapter 72
30-3-16.5
, as enacted by Laws of Utah 1969, Chapter 72
30-3-16.6
, as enacted by Laws of Utah 1969, Chapter 72
30-3-16.7
, as last amended by Laws of Utah 2011, Chapter 297
30-3-17
, as last amended by Laws of Utah 2011, Chapter 297
30-3-17.1
, as last amended by Laws of Utah 2011, Chapter 297
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 -- Decree -- Use of affidavit -- Private records.
(1) (a) The complaint shall be in writing and signed by the petitioner or petitioner'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 respondent,
evidence to support the decree may be submitted upon the affidavit of the petitioner with the
approval of the court.
(c) If the petitioner and the respondent have a child or children, a decree of divorce
may not be granted until both parties have attended the mandatory course described in Section
30-3-11.3
or 
30-3-11.4
, 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 
78A-5-107
 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 respondent, upon the petitioner's affidavit.
(2) (a) A party to an action brought under this title or to an action under Title 78B,
Chapter 12, Utah Child Support Act, Title 78B, Chapter 13, Utah Uniform Child Custody
Jurisdiction and Enforcement Act, Title 78B, Chapter 14, Utah Uniform Interstate Family
Support Act, Title 78B, Chapter 15, Utah Uniform Parentage Act, or to an action to modify or
enforce a judgment in the action may file a motion to have the file other than the final
judgment, order, or decree classified as private.
(b) If the court finds that there are substantial interests favoring restricting access that
clearly outweigh the interests favoring access, the court may classify the file, or any part
thereof other than the final order, judgment, or decree, as private. An order classifying part of
the file as private does not apply to subsequent filings.
(c) The record is private until the judge determines it is possible to release the record
without prejudice to the interests that justified the closure. Any interested person may petition
the court to permit access to a record classified as private under this section. The petition shall
be served on the parties to the closure order.
Section 2. Section 
30-3-11.3
 is amended to read:
30-3-11.3.
Mandatory educational course for divorcing parents -- Purpose --
Curriculum -- Reporting.
(1) The Judicial Council shall approve and implement a mandatory course for
divorcing parents in all judicial districts. The mandatory course is designed to educate and
sensitize divorcing parties to their children's needs both during and after the divorce process.
(2) The Judicial Council shall adopt rules to implement and administer this program.
(3) 
(a)
 As a prerequisite to receiving a divorce decree, both parties are required to
attend a mandatory course on their children's needs after filing a complaint for divorce and
receiving a docket number, unless waived under Section 
30-3-4
. If that requirement is waived,
the court may permit the divorce action to proceed.
(b) With the exception of a temporary restraining order pursuant to Rule 65, Utah
Rules of Civil Procedure, a party may file, but the court may not hear, a motion for an order
related to the divorce until the moving party completes the mandatory educational course for
divorcing parents required by this section.
(4) The court may require unmarried parents to attend this educational course when
those parents are involved in a visitation or custody proceeding before the court.
(5) The mandatory course shall instruct both parties:
(a) about divorce and its impacts on:
(i) their child or children;
(ii) their family relationship; and
(iii) their financial responsibilities for their child or children; and
(b) that domestic violence has a harmful effect on children and family relationships.
(6) The course may be provided through live instruction, video instruction, or an online
provider. The online and video options must be formatted as interactive presentations that
ensure active participation and learning by the parent.
(7) The Administrative Office of the Courts shall administer the course pursuant to
Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts and
organize the program in each of Utah's judicial districts. The contracts shall provide for the
recoupment of administrative expenses through the costs charged to individual parties,
pursuant to Subsection (9).
(8) A certificate of completion constitutes evidence to the court of course completion
by the parties.
(9) (a) Each party shall pay the costs of the course to the independent contractor
providing the course at the time and place of the course. A fee of $8 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) Each party who is unable to pay the costs of the course may attend the course
without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of
impecuniosity filed in the district court. In those situations, the independent contractor shall be
reimbursed for its costs from the appropriation to the Administrative Office of the Courts for
"Mandatory Educational Course for Divorcing Parents Program." Before a decree of divorce
may be entered, the court shall make a final review and determination of impecuniosity and
may order the payment of the costs if so determined.
(10) Appropriations from the General Fund to the Administrative Office of the Courts
for the "Mandatory Educational Course for Divorcing Parents Program" shall be used to pay
the costs of an indigent parent who makes a showing as provided in Subsection (9)(b).
(11) The Administrative Office of the Courts shall adopt a program to evaluate the
effectiveness of the mandatory educational course. Progress reports shall be provided if
requested by the Judiciary Interim Committee.
Section 3. Section 
30-3-11.4
 is amended to read:
30-3-11.4.
Mandatory orientation course for divorcing parties -- Purpose --
Curriculum -- Reporting.
(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
] 
is
 not required, but may choose to attend the course. The purpose of the
course [
shall be
] 
is
 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) 
(a)
 With the exception of 
a
 temporary restraining [
orders
] 
order
 pursuant to Rule
65, Utah Rules of Civil [
Procedures
] 
Procedure
, a party may file, but the court may not hear,
[
temporary orders until the party seeking temporary orders has completed
] 
a motion for an
order related to the divorce or petition for temporary separation, until the moving party
completes
 the divorce orientation course.
(b) Notwithstanding Subsection (3)(a), both parties shall attend a divorce orientation
course before a divorce decree may be entered, unless waived by the court under Section
30-3-4
.
(4) The respondent shall attend the divorce orientation course no more than 30 days
after being served with a petition for divorce.
(5) 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.
(6) 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.
(7) The course may be provided in conjunction with the mandatory course for
divorcing parents required by Section 
30-3-11.3
.
(8) The Administrative Office of the Courts shall administer the course pursuant to
Title 63G, Chapter 6a, Utah Procurement Code, through private or public contracts.
(9) The course may be through live instruction, video instruction, or through an online
provider.
(10) 
(a)
 [
Each
] 
A
 participant shall pay the costs of the course, which may not exceed
$30, to the independent contractor providing the course at the time and place of the course. 
(b)
 A petitioner who attends a live instruction course within 30 days of filing may not
be charged more than $15 for the course.
(c)
 A respondent who attends a live instruction course within 30 days of being served
with a petition for divorce may not be charged more than $15 for the course.
[
(a)
] 
(d)
 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)
] 
(e)
 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.
(11) 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 (10)[
(b)
]
(e)
.
(12) The Online Court Assistance Program shall include instructions with the forms for
divorce [
which
] 
that
 inform the petitioner of the requirement of this section.
(13) [
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.
(14) 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.
(15) The Administrative Office of the Courts shall adopt a program to evaluate the
effectiveness of the mandatory educational course. Progress reports shall be provided if
requested by the Judiciary Interim Committee.
Section 4. Section 
30-3-18
 is amended to read:
30-3-18.
Waiting period for hearing after filing for divorce -- Exemption -- Use of
counseling and education services not to be construed as condonation or promotion.
(1) Unless the court finds that extraordinary circumstances exist and otherwise orders,
no hearing for decree of divorce may be held by the court until [
] 
 days has elapsed from
the filing of the complaint, but the court may make interim orders as it considers just and
equitable.
(2) The use of counseling, mediation, and education services provided under this
chapter may not be construed as condoning the acts that may constitute grounds for divorce on
the part of either spouse nor of promoting divorce.
Section 5. 
Repealer.
This bill repeals:
Section 
30-3-12
,
Courts to exercise family counseling powers.
Section 
30-3-13.1
,
Establishment of family court division of district court.
Section 
30-3-14.1
,
Designation of judges -- Terms.
Section 
30-3-15.1
,
Appointment of domestic relations counselors, family court
commissioner, and assistants and clerks.
Section 
30-3-15.3
,
Commissioners -- Powers.
Section 
30-3-15.4
,
Salaries and expenses.
Section 
30-3-16.1
,
Jurisdiction of family court division -- Powers.
Section 
30-3-16.2
,
Petition for conciliation.
Section 
30-3-16.3
,
Contents of petition.
Section 
30-3-16.4
,
Procedure upon filing of petition.
Section 
30-3-16.5
,
Fees.
Section 
30-3-16.6
,
Information not available to public.
Section 
30-3-16.7
,
Effect of petition -- Pendency of action.
Section 
30-3-17
,
Power and jurisdiction of judge.
Section 
30-3-17.1
,
Proceedings considered confidential -- Written evaluation by
counselor.