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 Disclaimer

Nobody on the iamnotavisitor.org staff has a law degree, and cannot assist on ANY legal issues. This page is merely for a basic understanding of what Utah laws state regarding divorcing couples. Please understand that the explanation of each point of law stated below is being interpreted by "normal" people from various occupational fields and NOT from a lawyer's perspective and understanding. This page should not be used for anything more than aquiring a basic understanding of Utah divorce laws. If we can help even one person understand (then protect) their rights as a parent, then it will be worth the time. If you see any discrepancies between what we understand and what the laws really state, please use our "Contact Us" link and feel free to educate us.

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Utah Divorce Laws translated for the common people:
Divorce specific: http://le.utah.gov/~code/TITLE30/30_03.htm

30-3-1. Procedure -- Residence -- Grounds.
  • Reasons a couple may have to obtain a divorce.

    30-3-2. Right of husband to divorce.
  • They used a whole sentence in Legalese to explain that the husband has the same rights as the wife to divorce.

    30-3-3. Award of costs, attorney and witness fees -- Temporary alimony.
  • This section explains that the judge has complete say in who pays all the fees with a suggestion that the losing party will usually pay.

    30-3-4. Pleadings -- Decree -- Use of affidavit -- Private records.
  • A divorce cannot be given if the respondent (the one who does not file the divorce papers) has not appeared in court in person, unless the petitioner (the one who files the papers asking for the divorce) can show proof they notified the other person.
  • If there are children involved, attendance in a mandatory [but rather useless] course is required.
  • The court can restrict public access to the divorce records if one can prove a substantial reason to do so in regards to Title 78 Chapters 45(c,f,g).

    30-3-4.5. Motion for temporary separation order.
  • Explains temporary orders [Lawyers use this to prolong the case and/or to solidify their case quickly in front of a commissioner and not a judge]
  • More about the mandatory divorce orientation course and costs.

    30-3-5. Disposition of property -- Maintenance and health care of parties and children -- Division of debts -- Court to have continuing jurisdiction -- Custody and parent-time -- Determination of alimony -- Nonmeritorious petition for modification.
  • Explains what should be in a divorce decree. IE: division of property and debt, provisions for enforcing the decree.
  • Reasons to justify Alimony (as well as how much) is considered here.
  • This section is a "must read" for anyone getting divorced.

    30-3-5.1. Provision for income withholding in child support order.
  • A provision to encourage judges to refer the case to ORS (Office of Recovery Services) (Title 62A Chapter 11)

    30-3-5.2. Allegations of child abuse or child sexual abuse -- Investigation.
  • This allegation effectively halts the divorce case until an investigation is made. (see 62A-4a and 62A-4a-412)

    30-3-7. When decree becomes absolute.
  • Explains when the decree becomes effective and must be adhered to from that moment onward.

    30-3-8. Remarriage -- When unlawful.
  • Explains it is unlawful to remarry until the divorce decree is absolute. Appeals may delay the effective "absolute" date.

    30-3-10. Custody of children in case of separation or divorce -- Custody consideration.
  • Rules for reviewing custody of the children is defined here.
  • This section may apply to adoption proceedings (Title 78 Chapter 30)

    30-3-10.1. Definitions -- Joint legal custody -- Joint physical custody.
  • Explains the difference between Joint LEGAL custody and Joint PHYSICAL custody. They are NOT the same.
  • Many noncustodial parents will say they have joint custody, when in reality they have joint LEGAL custody. Legal custody usually means a noncustodial parent has 49% say in legal matters and is often ignored in cases of medical, police issues or school principals. [Which is nearly everything]

    30-3-10.2. Joint custody order -- Factors for court determination -- Public assistance.
  • This is where the factors for "best interest of the child" should be considered. This is another MUST READ section.

    30-3-10.3. Terms of joint legal custody order.
  • This section further defines joint LEGAL custody. [This usually means the noncustodial parent has a 49% say in (only) legal matters regarding the children]

    30-3-10.4. Modification or termination of order.
  • Rules regarding modifications to existing orders are explained here.

    30-3-10.5. Payments of support, maintenance, and alimony.
  • Payments for child support and alimony are addressed here. (see 78-45-9.3, Title 62A Chapter 11 Part 3, Part 4, and Part 5)

    30-3-10.7. Parenting plan -- Definitions.
  • Definitions to words or meanings which are used in other sections. In this case regarding Parenting Plans.

    30-3-10.7. Parenting plan -- Definitions.
  • Explains the rules to modify the existing divorce decree regarding parenting schedules.
  • If neither parent can agree, a guardian ad litem may be appointed. A guardian ad litem is a 3rd attorney who is supposed to only represent the children.

    30-3-10.9. Parenting plan -- Objectives -- Required provisions -- Dispute resolution
  • This one is pretty much self explanatory, it is also a section you should read.
  • The last paragraph also explains that if one parent fails to comply with the divorce decree then the other parent should not with-hold their obligations. This law goes both ways. Do not stop paying child support if you can't see the kids and vice versa. This is contempt of court if you do. [The one that will suffer most in these cases is the one that is required to pay the child support, noncustodial parents have to go to court to get the custodial parents hands slapped]

    30-3-10.10. Parenting plan -- Domestic violence
  • Explains the rules regarding a parent accused of (or convicted of) domestic violence. [Technically one has more ability to ensure noncustodial parental rights when accused of violence or abuse, but it is not worth the criminal record]

    30-3-10.17. Social security number in court records
  • This gives the court the right to use your social security number with the court records.

    30-3-11.1. Family Court Act -- Purpose.
  • [The supposed purpose of the family court] "It is the public policy of the state of Utah to strengthen the family life foundation of our society and reduce the social and economic costs to the state resulting from broken homes and to take reasonable measures to preserve marriages, particularly where minor children are involved."

    30-3-11.2. Appointment of counsel for child
  • This gives the court the right to appoint a separate lawyer for the children if the court deems necessary.

    30-3-11.3. Mandatory educational course for divorcing parents -- Purpose -- Curriculum -- Exceptions.
  • Explains the mandatory educational course required for divorcing couples.
  • It can also be ordered for unmarried couples disputing custody.

    30-3-11.4. Mandatory orientation course for divorcing parties -- Purpose -- Curriculum -- Exceptions.
  • Explains the mandatory orientation course for divorcing parents.
  • This course can be waived by the court.

    30-3-12. Courts to exercise family counseling powers
  • This gives the court the right to order family counseling.

    30-3-13.1. Establishment of family court division of district court.
  • This section does not directly involve divorcing couples.

    30-3-14.1. Designation of judges -- Terms
  • This section does not directly involve divorcing couples.

    30-3-15.1. Appointment of domestic relations counselors, family court commissioner, and assistants and clerks
  • How family commissioners are appointed.
  • This section does not directly involve divorcing couples.

    30-3-15.3. Commissioners -- Powers.
  • This section defines what a commissioner can do.

    30-3-15.4. Salaries and expenses.
  • Explains how family court commissioners and staff are paid.
  • This section does not directly involve divorcing couples.

    30-3-16.1. Jurisdiction of family court division -- Powers.
  • This gives the family court jurisdiction in divorce cases.
  • This section does not directly involve divorcing couples.

    30-3-16.2. Petition for conciliation
  • If this section is used by a couple, it gives the court the right to help preserve the marriage by effecting a reconciliation between the two parties.

    30-3-16.3. Contents of petition
  • Outlines the minimum of what is required in a petition to the court.

    30-3-16.4. Procedure upon filing of petition
  • Directions for the court regarding a filed petition.

    30-3-16.5. Fees
  • Gives the court the right to charge fees as they see fit.

    30-3-16.6. Information not available to public
  • Explains that names and contents of petitions are not available to the public.

    30-3-16.7. Effect of petition -- Pendency of action
  • This section explains rules regarding a petition for conciliation.

    30-3-17. Power and jurisdiction of judge
  • Gives the judge the right to bring in specialized experts in various fields.

    30-3-17.1. Proceedings deemed confidential -- Written evaluation by counselor
  • petition for conciliation and all communications are confidential. (see 78-24-8)

    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
  • There is a 90 day waiting period after filing before any hearings will be held.
  • Exceptions are made if the court has a good reason to proceed or
  • Both parties have completed the mandatory educational course.

    30-3-32. Parent-time -- Intent -- Policy -- Definitions
  • "(1) It is the intent of the Legislature to promote parent-time at a level consistent with all parties' interests" [This means for the interest of BOTH parties, but you won't get what you don't ask for.]
  • This section also explains terms and policies. It is a section that should be read and understood.

    30-3-33. Advisory guidelines
  • Advisory guidelines for both parents regarding how to conduct transfers and many other issues.
  • This is a MUST READ section.

    30-3-34. Best interests -- Rebuttable presumption
  • Gives the court the right to draft up its own parent time schedule if neither party can agree.
  • The court must base its decision on the outline provided in this section.

    30-3-35. Minimum schedule for parent-time for children 5 to 18 years of age
  • This is the MINIMUM parent time schedule in lieu of any agreement otherwise.
  • Major holidays, birthdays, and other days are listed in this section. These days are based on alternating years.
  • This section is not only a MUST READ, but one that should be printed and kept for frequent reference.

    30-3-35.5. Minimum schedule for parent-time for children under five years of age
  • This section is the same as the previous, yet only regarding children under 5 years old.
  • If you have children under 5 years of age, this section is not only a MUST READ, but one that should be printed and kept for frequent reference.

    30-3-36. Special circumstances.
  • Special consideration to be given for reintroduction to parents after extended absenses.
  • All travel plans and contact information (for both parents) should be provided to the other parent whenever the child travels with them.

    30-3-37. Relocation
  • This section addresses the relocation of either parent.
  • Failure to comply with this section can be considered contempt of court.
  • This section is a must read for anyone facing a relocation of either party or their children.

    30-3-38. Pilot Program for Expedited Parent-time Enforcement
  • This section is currently past the pilot program dates.
  • It is still an interesting read, as it requires mediation and has harsh penalties if parties do not at least show good faith efforts to work out the issue.
  • Unfounded claims of any type of abuse could result in changes in custody.
  • [It all sounds like a step in the right direction, but it includes a lot of extra court hassles, wouldn't it be easier to grant authority to the police to enforce at least the minimum schedule?]

    30-3-39. Mediation program
  • Mandatory domestic mediation.

    * Disclaimer: Please note that the comments contained within the square brackets "[]" are only opinions and should not be considered as credible information.

    Other laws referred to in Title 30:
    Judicial Code
  • 78-3-31. Court commissioners -- Qualifications -- Appointment -- Functions governed by rule.
  • Title 78 -- Chapter 45 -- Uniform Civil Liability for Support Act
  • Title 78 -- Chapter 45c -- Utah Uniform Child Custody Jurisdiction and Enforcement Act
  • Title 78 -- Chapter 45f -- Uniform Interstate Family Support Act
  • Title 78 -- Chapter 45g -- Utah Uniform Parentage Act
  • Title 62A, Chapter 11, Recovery Services
  • 62A-4a-412. Reports and information confidential
  • Title 62A -- Chapter 04a -- Child and Family Services
  • Title 78 -- Chapter 30 -- Adoption
  • Title 35A -- Chapter 03 -- Employment Support Act
  • 78-45-9.3. Payment under child support order -- Judgment
  • Title 62A, Chapter 11, Part 3 (IE: 62A.11.300-399)
  • Title 62A, Chapter 11, Part 4 (IE: 62A.11.400-499)
  • Title 62A, Chapter 11, Part 5 (IE: 62A.11.500-599)
  • 77-36-1. Definitions
  • 63-63a-8. Children's Legal Defense Account
  • Title 63 -- Chapter 56 -- Utah Procurement Code
  • 78-24-8. Privileged communications
  • Title 63 -- Chapter 38e -- Federal Funds Procedures
  • 78-31b-5. Judicial Council rules for ADR procedures

    Last updated 03 September 2007
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