30-3-11.4 - Mandatory orientation course for divorcing parties -- Purpose -- Curriculum -- Exceptions. - Utah Statutes

30-3-11.4. Mandatory orientation course for divorcing parties -- Purpose --Curriculum -- Exceptions.
(1) There is established a mandatory divorce orientation course for all parties with minorchildren who file a petition for temporary separation or for a divorce. A couple with no minorchildren are not required, but may choose to attend the course. The purpose of the course shallbe 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 filinga petition for divorce.
(3) The respondent shall attend the divorce orientation course no more than 30 days afterbeing served with a petition for divorce.
(4) The clerk of the court shall provide notice to a petitioner of the requirement for thecourse, and information regarding the course shall be included with the petition or motion, whenserved on the respondent.
(5) The divorce orientation course shall be neutral, unbiased, at least one hour induration, and include:
(a) options available as alternatives to divorce;
(b) resources available from courts and administrative agencies for resolving custody andsupport 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.
(6) The course may be provided in conjunction with the mandatory course for divorcingparents required by Section 30-3-11.3.
(7) The Administrative Office of the Courts shall administer the course pursuant to Title63G, Chapter 6, Utah Procurement Code, through private or public contracts.
(8) Each participant shall pay the costs of the course, which may not exceed $20, to theindependent contractor providing the course at the time and place of the course.
(a) A fee of $5 shall be collected, as part of the course fee paid by each participant, anddeposited in the Children's Legal Defense Account described in Section 51-9-408.
(b) A participant who is unable to pay the costs of the course may attend withoutpayment and request an Affidavit of Impecuniosity from the provider to be filed with the petitionor motion. The provider shall be reimbursed for its costs by the Administrative Office of theCourts. A petitioner who is later determined not to meet the qualifications for impecuniositymay be ordered to pay the costs of the course.
(9) Appropriations from the General Fund to the Administrative Office of the Courts forthe divorce orientation course shall be used to pay the costs of an indigent petitioner who isdetermined to be impecunious as provided in Subsection (8)(b).
(10) The Online Court Assistance Program shall include instructions with the forms fordivorce which inform the petitioner of the requirement of this section.
(11) 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 courtof course completion by the parties.
(12) It shall be an affirmative defense in all divorce actions that the divorce orientationrequirement was not complied with, and the action may not continue until a party has complied.
(13) The Administrative Office of the Courts shall adopt a program to evaluate theeffectiveness of the mandatory educational course. Progress reports shall be provided annually tothe Judiciary Interim Committee.

Amended by Chapter 382, 2008 General Session