reglab/statecodes huggingface dataset:
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 32 - Master plan for counseling.

30-1-32.
Master plan for counseling.
(1) It shall be the function and duty of the premarital counseling board, after holding public hearings, to make, adopt, and certify to the county legislative body a master plan for premarital counseling of marriage license applicants within the purposes and objectives of this act.
(2) The master plan described in Subsection (1) shall include:
(a) counseling procedures that:
(i) will make applicants aware of problem areas in their proposed marriage;
(ii) suggest ways of meeting problems; and
(iii) will induce reconsideration or postponement when:
(A) the applicants are not sufficiently matured or are not financially capable of meeting the responsibilities of marriage; or
(B) are marrying for reasons not conducive to a sound lasting marriage; and
(b) standards for evaluating premarital counseling received by the applicants, prior to their application for a marriage license, which would justify issuance of certificate without further counseling being given or required.
(3) The board may, from time to time, amend or extend the plan described in Subsection (1).
(4) The premarital counseling board may, subject to Subsection (5):
(a) appoint a staff and employees as may be necessary for its work; and
(b) contract with social service agencies or other consultants within the county or counties for services it requires.
(5) Expenditures for the appointments and contracts described in Subsection (4) may not exceed the sums appropriated by the county legislative body plus sums placed at its disposal through gift or otherwise.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 33 - Conformity to master plan for counseling as prerequisite to marriage license -- Exceptions.

30-1-33.
Conformity to master plan for counseling as prerequisite to marriage license -- Exceptions.
Whenever the board of commissioners of a county has adopted a master plan for premarital counseling no resident of the county may obtain a marriage license without conforming to the plan, except that:
(1) Any person who applies for a marriage license shall have the right to secure the license and to marry notwithstanding their failure to conform to the required premarital counseling or their failure to obtain a certificate of authorization from the premarital counseling board if they wait six months from the date of application for issuance of the license.
(2) This chapter does not apply to any application for a marriage license where both parties are at least 19 years of age and neither has been previously divorced.
(3) This chapter does not apply to any application for a marriage license unless both applicants have physically resided in Utah for 60 days immediately preceding their application.
(4) Premarital counseling required by this act shall be considered fulfilled if the applicants present a certificate verified by a clergyman that the applicants have completed a course of premarital counseling approved by a church and given by or under the supervision of the clergyman.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 34 - Completion of counseling or education.

Effective 5/5/2021
30-1-34.
Completion of counseling or education.
(1) The county clerk of a county that operates an online marriage application system and issues a marriage license to applicants who certify completion of premarital counseling or education in accordance with Subsection (2) shall reduce the marriage license fee by $20.
(2)
(a) To qualify for the reduced fee under Subsection (1), the applicants shall certify completion of premarital counseling or education in accordance with this Subsection (2).
(b) To complete premarital counseling or education, the applicants:
(i) shall obtain the premarital counseling or education from:
(A) a licensed or ordained minister or the minister's designee who is trained by the minister or denomination to conduct premarital counseling or education;
(B) an individual licensed under Title 58, Chapter 60, Mental Health Professional Practice Act;
(C) an individual certified by a national organization recognized by the Utah Marriage Commission, created in Title 63M, Chapter 15, Utah Marriage Commission, as a family life educator;
(D) a family and consumer sciences educator;
(E) an individual who is an instructor approved by a premarital education curriculum that meets the requirements of Subsection (2)(b)(ii); or
(F) an online course approved by the Utah Marriage Commission;
(ii) shall receive premarital counseling or education that includes information on important factors associated with strong and healthy marriages, including:
(A) commitment in marriage; and
(B) effective communication and problem-solving skills, including avoiding violence and abuse in the relationship;
(iii) shall complete at least three hours of premarital counseling or six hours of premarital education meeting the requirements of this Subsection (2); and
(iv) shall complete the premarital counseling or education meeting the requirements of this Subsection (2) not more than one year before but at least 14 days before the day on which the marriage license is issued.
(c) Although applicants are encouraged to take the premarital counseling or education together, each applicant may comply with the requirements of this Subsection (2) separately.
(3) A provider of premarital counseling or education under this section is encouraged to use research-based relationship inventories.
Amended by Chapter 91, 2021 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 35 - Persons performing counseling services designated by board -- Exemption from license requirements.

30-1-35.
Persons performing counseling services designated by board -- Exemption from license requirements.
For the purposes of this chapter the premarital counseling board of each county or combination of counties may determine those persons who are to perform any services under this chapter and any person so acting is not subject to prosecution or other sanctions for the person's failure to hold any license for these services as may be required by the laws of the state.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 36 - Activities included in premarital counseling or education.

Effective 9/30/2018
30-1-36.
Activities included in premarital counseling or education.
(1) Premarital counseling may include group counseling, individual counseling, and couple counseling.
(2) Premarital education may include:
(a) a lecture, class, seminar, or workshop provided by a person that meets the requirements of Subsection 30-1-34(2)(b)(i); or
(b) an online course approved by the Utah Marriage Commission as provided in Subsection 30-1-34(2)(b)(i)(F).
Amended by Chapter 347, 2018 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 37 - Confidentiality of information obtained under counseling provisions.

30-1-37.
Confidentiality of information obtained under counseling provisions.
Except for the information required or to be required on the marriage license application form, any information given by a marriage license applicant in compliance with this chapter shall be confidential information and may not be released by any person, board, commission, or other entity. However, the premarital counseling board or board of commissioners may use the information, without identification of individuals, to compile and release statistical data.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 38 - Fee for counseling.

30-1-38.
Fee for counseling.
Any county adopting a master plan under this act is authorized to charge, in addition to its ordinary marriage license application fees, not more than $10 for premarital counseling, to be paid by the applicants at the time they make application.
Enacted by Chapter 64, 1971 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 2 - Property Rights › Section 2 - Wife's right to contract, sue and be sued.

30-2-2.
Wife's right to contract, sue and be sued.
Contracts may be made by a wife, and liabilities incurred and enforced by or against her, to the same extent and in the same manner as if she were unmarried.
No Change Since 1953
2023 Utah Code › Title 30 - Husband and Wife › Chapter 2 - Property Rights › Section 4 - Wife's right to wages -- Actions for personal injury.

30-2-4.
Wife's right to wages -- Actions for personal injury.
A wife may receive the wages for her personal labor, maintain an action therefor in her own name and hold the same in her own right, and may prosecute and defend all actions for the preservation and protection of her rights and property as if unmarried. There shall be no right of recovery by the husband on account of personal injury or wrong to his wife, or for expenses connected therewith, but the wife may recover against a third person for such injury or wrong as if unmarried, and such recovery shall include expenses of medical treatment and other expenses paid or assumed by the husband.
No Change Since 1953
2023 Utah Code › Title 30 - Husband and Wife › Chapter 2 - Property Rights › Section 5 - Separate debts.

Effective 5/3/2023
30-2-5.
Separate debts.
(1) Neither spouse is personally liable for the separate debts, obligations, or liabilities of the other:
(a) contracted or incurred before marriage;
(b) contracted or incurred during marriage, except family expenses as provided in Section 30-2-9;
(c) contracted or incurred after divorce or an order for separate maintenance under this title, except the spouse is personally liable for that portion of the expenses incurred on behalf of a minor child for reasonable and necessary medical and dental expenses, and other similar necessities as provided in a court order under Section 30-3-5, 30-4-3, or 78B-12-212, or an administrative order under Section 26B-9-224; or
(d) ordered by the court to be paid by the other spouse under Section 30-3-5 or 30-4-3 and not in conflict with Section 15-4-6.5 or 15-4-6.7.
(2) The wages, earnings, property, rents, or other income of one spouse may not be reached by a creditor of the other spouse to satisfy a debt, obligation, or liability of the other spouse, as described under Subsection (1).
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 2 - Property Rights › Section 6 - Actions based on property rights.

30-2-6.
Actions based on property rights.
Should the husband or wife obtain possession or control of property belonging to the other before or after marriage, the owner of the property may maintain an action therefor, or for any right growing out of the same, in the same manner and to the same extent as if they were unmarried.
No Change Since 1953
2023 Utah Code › Title 30 - Husband and Wife › Chapter 2 - Property Rights › Section 7 - Husband's liability for wife's torts.

30-2-7.
Husband's liability for wife's torts.
For civil injuries committed by a married woman damages may be recovered from her alone, and her husband may not be held liable for those civil injuries, except in cases where he would be jointly liable with her if the marriage did not exist.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 2 - Property Rights › Section 9 - Family expenses -- Joint and several liability.

Effective 5/12/2015
30-2-9.
Family expenses -- Joint and several liability.
(1) The expenses of the family and the education of the children are chargeable upon the property of both spouses or of either of them separately, for which expenses they may be sued jointly or separately.
(2) For the expenses described in Subsection (1), where there is a written agreement signed by either spouse that allows for the recovery of agreed upon amounts, a creditor or an assignee or successor in interest of the creditor is entitled to recover the contractually allowed amounts against both spouses, jointly and severally.
(3) Subsection (2) applies to all contracts and agreements under this section entered into by either spouse during the time the parties are married and living together.
(4) For the purposes of this section, family expenses are considered expenses incurred that benefit and promote the family unit. Items purchased pursuant to a written contract or agreement during the marriage that do not relate to family expenses are not covered by this section.
(5) The provisions of Subsections (2) and (3) do not create a right to attorney's fees or collection fees as to the nonsigning spouse for purchases of:
(a) food or clothing; or
(b) home improvements or repairs over $5,000.
Amended by Chapter 457, 2015 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 2 - Property Rights › Section 10 - Homestead rights -- Custody of children.

30-2-10.
Homestead rights -- Custody of children.
Neither the husband nor wife can remove the other or their children from the homestead without the consent of the other, unless the owner of the property shall in good faith provide another homestead suitable to the condition in life of the family; and if a husband or wife abandons his or her spouse, that spouse is entitled to the custody of the minor children, unless a court of competent jurisdiction shall otherwise direct.
Amended by Chapter 122, 1977 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 2 - Property Rights › Section 11 - Action for consortium due to personal injury.

30-2-11.
Action for consortium due to personal injury.
(1) For purposes of this section:
(a) "injury" or "injured" means a significant permanent injury to a person that substantially changes that person's lifestyle and includes the following:
(i) a partial or complete paralysis of one or more of the extremities;
(ii) significant disfigurement; or
(iii) incapability of the person of performing the types of jobs the person performed before the injury; and
(b) "spouse" means the legal relationship:
(i) established between a man and a woman as recognized by the laws of this state; and
(ii) existing at the time of the person's injury.
(2) The spouse of a person injured by a third party on or after May 4, 1997, may maintain an action against the third party to recover for loss of consortium.
(3) A claim for loss of consortium begins on the date of injury to the spouse. The statute of limitations applicable to the injured person shall also apply to the spouse's claim of loss of consortium.
(4) A claim for the spouse's loss of consortium shall be:
(a) made at the time the claim of the injured person is made and joinder of actions shall be compulsory; and
(b) subject to the same defenses, limitations, immunities, and provisions applicable to the claims of the injured person.
(5) The spouse's action for loss of consortium:
(a) shall be derivative from the cause of action existing in behalf of the injured person; and
(b) may not exist in cases where the injured person would not have a cause of action.
(6) Fault of the spouse of the injured person, as well as fault of the injured person, shall be compared with the fault of all other parties, pursuant to Sections 78B-5-817 through 78B-5-823, for purposes of reducing or barring any recovery by the spouse for loss of consortium.
(7) Damages awarded for loss of consortium, when combined with any award to the injured person for general damages, may not exceed any applicable statutory limit on noneconomic damages, including Section 78B-3-410.
(8) Damages awarded for loss of consortium which a governmental entity is required to pay, when combined with any award to the injured person which a governmental entity is required to pay, may not exceed the liability limit for one person in any one occurrence under Title 63G, Chapter 7, Governmental Immunity Act of Utah.
Amended by Chapter 3, 2008 General Session
Amended by Chapter 382, 2008 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 3 - Award of costs, attorney and witness fees -- Temporary alimony.

Effective 7/1/2020
30-3-3.
Award of costs, attorney and witness fees -- Temporary alimony.
(1) In any action filed under Title 30, Chapter 3, Divorce, Chapter 4, Separate Maintenance, or Title 78B, Chapter 7, Part 6, Cohabitant Abuse Protective Orders, and in any action to establish an order of custody, parent-time, child support, alimony, or division of property in a domestic case, the court may order a party to pay the costs, attorney fees, and witness fees, including expert witness fees, of the other party to enable the other party to prosecute or defend the action. The order may include provision for costs of the action.
(2) In any action to enforce an order of custody, parent-time, child support, alimony, or division of property in a domestic case, the court may award costs and attorney fees upon determining that the party substantially prevailed upon the claim or defense. The court, in its discretion, may award no fees or limited fees against a party if the court finds the party is impecunious or enters in the record the reason for not awarding fees.
(3) In any action listed in Subsection (1), the court may order a party to provide money, during the pendency of the action, for the separate support and maintenance of the other party and of any children in the custody of the other party.
(4) Orders entered under this section prior to entry of the final order or judgment may be amended during the course of the action or in the final order or judgment.
Amended by Chapter 142, 2020 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 3.5 - Collection fee for past due child support or alimony.

Effective 5/12/2020
30-3-3.5.
Collection fee for past due child support or alimony.
(1) As used in this section:
(a) "Debtor" means a person obligated or allegedly obligated to pay a domestic relations debt.
(b) "Domestic relations debt" means an obligation or alleged obligation to pay past due child support or alimony.
(2)
(a) A court shall order the amounts described in Subsection (2)(b) be paid, if:
(i) the court issues a judgment requiring the payment of a domestic relations debt by the debtor;
(ii) imposing a collection fee on the debtor or in relation to the domestic relations debt is not prohibited or otherwise restricted by another federal or state law; and
(iii) the person owed the domestic relations debt has a contingency arrangement with an attorney to collect the domestic relations debt.
(b) If the conditions of Subsection (2)(a) are met, a court shall order payment of:
(i) the principal amount due;
(ii) applicable interest;
(iii) a collection fee equal to the amount provided in the contingency agreement, except that the collection fee may not exceed the lesser of:
(A) the actual amount the person owed the domestic relations debt is required to pay for collection costs, regardless of whether that amount is a specific dollar amount or a percentage of the principal amount owed for the domestic relations debt; or
(B) 40% of the principal amount owed to the person for the domestic relations debt;
(iv) reasonable attorney fees; and
(v) costs, if any, related to obtaining the judgment described in Subsection (2)(a)(i).
(3) The obligation to pay a collection fee described in Subsection (2)(b)(iii) is incurred at the time the person owed a domestic relations debt enters into an agreement with an attorney to collect the domestic relations debt.
(4) An obligation to pay a collection fee imposed under this section is in addition to any obligation to pay reasonable attorney fees that may exist.
(5) The Office of Recovery Services may not collect an order issued pursuant to Subsection (2).
Enacted by Chapter 182, 2020 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 4 - Pleadings -- Decree -- Use of affidavit -- Private records.

Effective 5/8/2018
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.
Amended by Chapter 470, 2018 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 4.5 - Motion for temporary separation order.

30-3-4.5.
Motion for temporary separation order.
(1) A petitioner may file an action for a temporary separation order without filing a petition for divorce by filing a petition for temporary separation and motion for temporary orders if:
(a) the petitioner is lawfully married to the respondent; and
(b) both parties are residents of the state for at least 90 days prior to the date of filing.
(2) The temporary orders are valid for one year from the date of the hearing, or until one of the following occurs:
(a) a petition for divorce is filed and consolidated with the petition for temporary separation; or
(b) the case is dismissed.
(3) If a petition for divorce is filed and consolidated with the petition for temporary separation, orders entered in the temporary separation shall continue in the consolidated case.
(4) Both parties shall attend the divorce orientation course described in Section 30-3-11.4 within 60 days of the filing of the petition, for petitioner, and within 45 days of being served, for respondent.
(5) Service shall be made upon respondent, together with a 20-day summons, in accordance with the rules of civil procedure.
(6) The fee for filing the petition for temporary separation orders is $35. If either party files a petition for divorce within one year from the date of filing the petition for temporary separation, the separation filing fee shall be credited towards the filing fee for the divorce.
Amended by Chapter 34, 2010 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 5.1 - Provision for income withholding in child support order.

Effective 5/3/2023
30-3-5.1.
Provision for income withholding in child support order.
Whenever a court enters an order for child support, it shall include in the order a provision for withholding income as a means of collecting child support as provided in Title 26B, Chapter 9, Recovery Services and Administration of Child Support.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 5.2 - Allegations of child abuse or child sexual abuse -- Investigation.

Effective 9/1/2022
30-3-5.2.
Allegations of child abuse or child sexual abuse -- Investigation.
When, in any divorce proceeding or upon a request for modification of a divorce decree, an allegation of child abuse or child sexual abuse is made, implicating either party, the court, after making an inquiry, may order that an investigation be conducted by the Division of Child and Family Services within the Department of Human Services in accordance with Title 80, Chapter 2, Child Welfare Services, and Title 80, Chapter 2a, Removal and Protective Custody of a Child. A final award of custody or parent-time may not be rendered until a report on that investigation, consistent with Section 80-2-1005, is received by the court. That investigation shall be conducted by the Division of Child and Family Services within 30 days of the court's notice and request for an investigation. In reviewing this report, the court shall comply with Sections 78A-2-703, 78A-2-705, and 78B-15-612.
Amended by Chapter 335, 2022 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 5.4 - Designation of primary and secondary health, dental, or hospital insurance coverage.

Effective 5/3/2023
30-3-5.4.
Designation of primary and secondary health, dental, or hospital insurance coverage.
(1) As used in this section, "health, hospital, or dental insurance plan" has the same meaning as "health care insurance" as defined in Section 31A-1-301.
(2)
(a) A decree of divorce rendered in accordance with Section 30-3-5, an order for medical expenses rendered in accordance with Section 78B-12-212, and an administrative order under Section 26B-9-224 shall, in accordance with Subsection (2)(b)(ii), designate which parent's health, hospital, or dental insurance plan is primary coverage and which parent's health, hospital, or dental insurance plan is secondary coverage for a dependent child.
(b) The provisions of the court order required by Subsection (2)(a) shall:
(i) take effect if at any time a dependent child is covered by both parents' health, hospital, or dental insurance plans; and
(ii) include the following language:
"If, at any point in time, a dependent child is covered by the health, hospital, or dental insurance plans of both parents, the health, hospital, or dental insurance plan of (Parent's Name) shall be primary coverage for the dependent child and the health, hospital, or dental insurance plan of (Other Parent's Name) shall be secondary coverage for the dependent child. If a parent remarries and his or her dependent child is not covered by that parent's health, hospital, or dental insurance plan but is covered by a step-parent's plan, the health, hospital, or dental insurance plan of the step-parent shall be treated as if it is the plan of the remarried parent and shall retain the same designation as the primary or secondary plan of the dependent child."
(c) A decree of divorce or related court order may not modify the language required by Subsection (2)(b)(ii).
(d) Notwithstanding Subsection (2)(c), a court may allocate the payment of medical expenses including co-payments, deductibles, and co-insurance not covered by health insurance between the parents in accordance with Subsections 30-3-5(3)(a) and 78B-12-212(2)(e).
(3) In designating primary coverage pursuant to Subsection (2), a court may take into account:
(a) the birth dates of the parents;
(b) a requirement in a court order, if any, for one of the parents to maintain health insurance coverage for a dependent child;
(c) the parent with physical custody of the dependent child; or
(d) any other factor the court considers relevant.
Amended by Chapter 327, 2023 General Session
Amended by Chapter 333, 2023 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 7 - When decree becomes absolute.

30-3-7.
When decree becomes absolute.
(1) The decree of divorce becomes absolute:
(a) on the date it is signed by the court and entered by the clerk in the register of actions;
(b) at the expiration of a period of time the court may specifically designate, unless an appeal or other proceedings for review are pending; or
(c) when the court, before the decree becomes absolute, for sufficient cause otherwise orders.
(2) The court, upon application or on its own motion for good cause shown, may waive, alter, or extend a designated period of time before the decree becomes absolute, but not to exceed six months from the signing and entry of the decree.
Amended by Chapter 404, 2012 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 8 - Remarriage -- When unlawful.

30-3-8.
Remarriage -- When unlawful.
Neither party to a divorce proceeding which dissolves their marriage by decree may marry any person other than the spouse from whom the divorce was granted until it becomes absolute. If an appeal is taken, the divorce is not absolute until after affirmance of the decree.
Amended by Chapter 154, 1988 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 10.1 - Definitions -- Joint legal custody -- Joint physical custody.

Effective 5/3/2023
30-3-10.1.
Definitions -- Joint legal custody -- Joint physical custody.
As used in this chapter:
(1)
(a) "Custodial responsibility" includes all powers and duties relating to caretaking authority and decision-making authority for a child.
(b) "Custodial responsibility" includes physical custody, legal custody, parenting time, right to access, visitation, and authority to grant limited contact with a child.
(2) "Joint legal custody":
(a) means the sharing of the rights, privileges, duties, and powers of a parent by both parents, where specified;
(b) may include an award of exclusive authority by the court to one parent to make specific decisions;
(c) does not affect the physical custody of the child except as specified in the order of joint legal custody;
(d) is not based on awarding equal or nearly equal periods of physical custody of and access to the child to each of the parents, as the best interest of the child often requires that a primary physical residence for the child be designated; and
(e) does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child.
(3) "Joint physical custody":
(a) means the child stays with each parent overnight for more than 30% of the year, and both parents contribute to the expenses of the child in addition to paying child support;
(b) can mean equal or nearly equal periods of physical custody of and access to the child by each of the parents, as required to meet the best interest of the child;
(c) may require that a primary physical residence for the child be designated; and
(d) does not prohibit the court from specifying one parent as the primary caretaker and one home as the primary residence of the child.
(4) " Service member" means a member of a uniformed service.
(5) "Uniformed service" means:
(a) active and reserve components of the United States Armed Forces;
(b) the United States Merchant Marine;
(c) the commissioned corps of the United States Public Health Service;
(d) the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or
(e) the National Guard of a state.
Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 10.2 - Joint custody order -- Factors for court determination -- Public assistance.

Effective 5/14/2019
30-3-10.2.
Joint custody order -- Factors for court determination -- Public assistance.
(1) The court may order joint legal custody or joint physical custody or both if one or both parents have filed a parenting plan in accordance with Section 30-3-10.8 and the court determines that joint legal custody or joint physical custody or both is in the best interest of the child.
(2) In determining whether the best interest of a child will be served by ordering joint legal custody or joint physical custody or both, the court shall consider the custody factors in Section 30-3-10 and the following factors:
(a) whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal custody or joint physical custody or both;
(b) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest;
(c) co-parenting skills, including:
(i) ability to appropriately communicate with the other parent;
(ii) ability to encourage the sharing of love and affection; and
(iii) willingness to allow frequent and continuous contact between the child and the other parent, except that, if the court determines that the parent is acting to protect the child from domestic violence, neglect, or abuse, the parent's protective actions may be taken into consideration; and
(d) whether both parents participated in raising the child before the divorce;
(e) the geographical proximity of the homes of the parents;
(f) the preference of the child if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal custody or joint physical custody or both;
(g) the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents;
(h) the past and present ability of the parents to cooperate with each other and make decisions jointly; and
(i) any other factor the court finds relevant.
(3) The determination of the best interest of the child shall be by a preponderance of the evidence.
(4) The court shall inform both parties that an order for joint physical custody may preclude eligibility for cash assistance provided under Title 35A, Chapter 3, Employment Support Act.
(5) The court may order that when possible the parties attempt to settle future disputes by a dispute resolution method before seeking enforcement or modification of the terms and conditions of the order of joint legal custody or joint physical custody through litigation, except in emergency situations requiring ex parte orders to protect the child.
Amended by Chapter 188, 2019 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 10.3 - Terms of joint legal or physical custody order.

30-3-10.3.
Terms of joint legal or physical custody order.
(1) Unless the court orders otherwise, before a final order of joint legal custody or joint physical custody is entered both parties shall attend the mandatory course for divorcing parents, as provided in Section 30-3-11.3, and present a certificate of completion from the course to the court.
(2) An order of joint legal or physical custody shall provide terms the court determines appropriate, which may include specifying:
(a) either the county of residence of the child, until altered by further order of the court, or the custodian who has the sole legal right to determine the residence of the child;
(b) that the parents shall exchange information concerning the health, education, and welfare of the child, and where possible, confer before making decisions concerning any of these areas;
(c) the rights and duties of each parent regarding the child's present and future physical care, support, and education;
(d) provisions to minimize disruption of the child's attendance at school and other activities, his daily routine, and his association with friends; and
(e) as necessary, the remaining parental rights, privileges, duties, and powers to be exercised by the parents solely, concurrently, or jointly.
(3) The court shall, where possible, include in the order the terms of the parenting plan provided in accordance with Section 30-3-10.8.
(4) Any parental rights not specifically addressed by the court order may be exercised by the parent having physical custody of the child the majority of the time.
(5) The appointment of joint legal or physical custodians does not impair or limit the authority of the court to order support of the child, including payments by one custodian to the other.
(6) An order of joint legal custody, in itself, is not grounds for modifying a support order.
(7) An order of joint legal or physical custody shall require a parenting plan incorporating a dispute resolution procedure the parties agree to use:
(a) in accordance with Section 30-3-10.9, or as ordered by the court in accordance with Subsection 30-3-10.2(5); and
(b) before seeking enforcement or modification of the terms and conditions of the order of joint legal or physical custody through litigation, except in emergency situations requiring ex parte orders to protect the child.
Amended by Chapter 271, 2012 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 10.5 - Payments of support, maintenance, and alimony.

Effective 5/3/2023
30-3-10.5.
Payments of support, maintenance, and alimony.
(1) All monthly payments of support, maintenance, or alimony provided for in the order or decree shall be due on the first day of each month for purposes of Section 78B-12-112, child support services pursuant to Title 26B, Chapter 9, Part 2, Child Support Services, income withholding services pursuant to Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, and other income withholding procedures pursuant to Title 26B, Chapter 9, Part 4, Income Withholding in Non IV-D Cases.
(2) For purposes of child support services and income withholding pursuant to Title 26B, Chapter 9, Part 2, Child Support Services, and Title 26B, Chapter 9, Part 3, Income Withholding in IV-D Cases, child support is not considered past due until the first day of the following month.
(3) For purposes other than those specified in Subsections (1) and (2), support shall be payable 1/2 by the 5th day of each month and 1/2 by the 20th day of that month, unless the order or decree provides for a different time for payment.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 10.7 - Parenting plan -- Definitions.

30-3-10.7.
Parenting plan -- Definitions.
(1) "Domestic violence" means the same as in Section 77-36-1.
(2) "Parenting plan" means a plan for parenting a child, including allocation of parenting functions, which is incorporated in any final decree or decree of modification including an action for dissolution of marriage, annulment, legal separation, or paternity.
(3) "Parenting functions" means those aspects of the parent-child relationship in which the parent makes decisions and performs functions necessary for the care and growth of the child. Parenting functions include:
(a) maintaining a loving, stable, consistent, and nurturing relationship with the child;
(b) attending to the daily needs of the child, such as feeding, clothing, physical care, grooming, supervision, health care, day care, and engaging in other activities which are appropriate to the developmental level of the child and that are within the social and economic circumstances of the particular family;
(c) attending to adequate education for the child, including remedial or other education essential to the best interest of the child;
(d) assisting the child in developing and maintaining appropriate interpersonal relationships;
(e) exercising appropriate judgment regarding the child's welfare, consistent with the child's developmental level and family social and economic circumstances; and
(f) providing for the financial support of the child.
Amended by Chapter 287, 2006 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 10.8 - Parenting plan -- Filing -- Modifications.

Effective 5/3/2023
30-3-10.8.
Parenting plan -- Filing -- Modifications.
(1) In any proceeding under this chapter, including actions for paternity, a party requesting joint custody, joint legal or physical custody, or any other type of shared parenting arrangement, shall file and serve a proposed parenting plan at the time of the filing of their original petition or at the time of filing their answer or counterclaim.
(2) In proceedings for a modification of custody provisions or modification of a parenting plan, a proposed parenting plan shall be filed and served with the petition to modify, or the answer or counterclaim to the petition to modify.
(3) A party who files a proposed parenting plan in compliance with this section may move the court for an order of default to adopt the plan if the other party fails to file a proposed parenting plan as required by this section.
(4) Either party may file and serve an amended proposed parenting plan according to the rules for amending pleadings.
(5) The parent submitting a proposed parenting plan shall attach a verified statement that the plan is proposed by that parent in good faith.
(6) Both parents may submit a parenting plan which has been agreed upon. A verified statement, signed by both parents, shall be attached.
(7) If the parents file inconsistent parenting plans, the court may appoint a guardian ad litem to represent the best interests of the child, who may, if necessary, file a separate parenting plan reflecting the best interests of the child.
(8) When one or both parents are service members, the parenting plan shall be consistent with Subsection 30-3-10.9(10). If after a parenting plan is adopted, one or both parents become service members, as soon as practical, the parents shall amend the existing parenting plan to comply with Subsection 30-3-10.9(10).
Amended by Chapter 44, 2023 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 10.10 - Parenting plan -- Domestic violence.

30-3-10.10.
Parenting plan -- Domestic violence.
(1) In any proceeding regarding a parenting plan, the court shall consider evidence of domestic violence, if presented.
(2) If there is a protective order, civil stalking injunction, or the court finds that a parent has committed domestic violence, the court shall consider the impact of domestic violence in awarding parent-time, and make specific findings regarding the award of parent-time.
(3) If the court orders parent-time and a protective order or civil stalking injunction is still in place, it shall consider whether to order the parents to conduct parent-time pick-up and transfer through a third party. The parent who is the stated victim in the order or injunction may submit to the court, and the court shall consider, the name of a person considered suitable to act as the third party.
(4) If the court orders the parents to conduct parent-time through a third party, the parenting plan shall specify the time, day, place, manner, and the third party to be used to implement the exchange.
Enacted by Chapter 287, 2006 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 10.17 - Social security number in court records.

30-3-10.17.
Social security number in court records.
The social security number of any individual who is subject to a divorce decree, support order, or paternity determination or acknowledgment shall be placed in the records relating to the matter.
Enacted by Chapter 232, 1997 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 11.1 - Family Court Act -- Purpose.

30-3-11.1.
Family Court Act -- Purpose.
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. The purposes of this act are to protect the rights of children and to promote the public welfare by preserving and protecting family life and the institution of matrimony by providing the courts with further assistance for family counseling, the reconciliation of spouses and the amicable settlement of domestic and family controversies.
Enacted by Chapter 72, 1969 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 11.2 - Appointment of counsel for child.

30-3-11.2.
Appointment of counsel for child.
If, in any action before any court of this state involving the custody or support of a child, it shall appear in the best interests of the child to have a separate exposition of the issues and personal representation for the child, the court may appoint counsel to represent the child throughout the action, and the attorney's fee for such representation may be taxed as a cost of the action.
Enacted by Chapter 72, 1969 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 3 - Divorce › Section 18 - Waiting period for hearing after filing for divorce -- Exemption -- Use of counseling and education services not to be construed as condonation or promotion.

Effective 5/8/2018
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 30 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.
Amended by Chapter 470, 2018 General Session