reglab/statecodes huggingface dataset:
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 3 - Income Withholding in IV-D Cases › Section 312 - Records and documentation -- Distribution or refund of collected income -- Allocation of payments among multiple notices to withhold.

Effective 5/3/2023
26B-9-312.
Records and documentation -- Distribution or refund of collected income -- Allocation of payments among multiple notices to withhold.
(1) The office shall keep adequate records to document and monitor all child support payments received under this part.
(2) The office shall promptly distribute child support payments which it receives from a payor, to the obligee, unless those payments are owed to the department.
(3) The office shall promptly refund any improperly withheld income to the obligor.
(4) The office may allocate child support payments received from an obligor under this part among multiple notices to withhold which it has issued with regard to that obligor, in accordance with rules promulgated by the office to govern that procedure.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 3 - Income Withholding in IV-D Cases › Section 313 - Income withholding upon obligor's request.

Effective 5/3/2023
26B-9-313.
Income withholding upon obligor's request.
Whether or not a delinquency has occurred, an obligor may request that the office implement income withholding procedures under this part for payment of the obligor's child support obligations.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 4 - Income Withholding in Non IV-D Cases › Section 401 - Definitions.

Effective 5/3/2023
26B-9-401.
Definitions.
The definitions in Section 26B-9-301 apply to this part.
Enacted by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 4 - Income Withholding in Non IV-D Cases › Section 402 - Application of this part only to Non IV-D cases.

Effective 5/3/2023
26B-9-402.
Application of this part only to Non IV-D cases.
The requirements of this part apply only to cases in which neither the obligee nor the obligor is receiving IV-D services.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 4 - Income Withholding in Non IV-D Cases › Section 404 - Requirement of employment and location information.

Effective 5/3/2023
26B-9-404.
Requirement of employment and location information.
(1) As of July 1, 1997, a court, before issuing or modifying an order of support, shall require the parties to file the information required under Section 26B-9-207.
(2) If a party fails to provide the information required by Section 26B-9-207, the court shall issue or modify an order upon receipt of a verified representation of employment or source of income for that party based on the best evidence available if:
(a) that party has participated in the current proceeding;
(b) the notice and service of process requirements of the Utah Rules of Civil Procedure have been met if the case is before the court to establish an original order of support; or
(c) the notice requirements of Section 26B-9-207 have been met if the case is before the court to modify an existing order.
(3) A court may restrict the disclosure of information required by Section 26B-9-207:
(a) in accordance with a protective order involving the parties; or
(b) if the court has reason to believe that the release of information may result in physical or emotional harm by one party to the other party.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 4 - Income Withholding in Non IV-D Cases › Section 405 - Procedures for commencing income withholding.

Effective 5/3/2023
26B-9-405.
Procedures for commencing income withholding.
(1) If income withholding has not been commenced in connection with a child support order, an obligee or obligor may commence income withholding by:
(a) applying for IV-D services from the office; or
(b) filing an ex parte motion for income withholding with a district court of competent jurisdiction.
(2) The office shall commence income withholding in accordance with Part 3, Income Withholding in IV-D Cases, upon receipt of an application for IV-D services under Subsection (1)(a).
(3) A court shall grant an ex parte motion to commence income withholding filed under Subsection (1)(b) regardless of whether the child support order provided for income withholding, if the obligee provides competent evidence showing:
(a) the child support order was issued or modified after January 1, 1994, and the obligee or obligor expresses a desire to commence income withholding;
(b) the child support order was issued or modified after January 1, 1994, and the order contains a good cause exception to income withholding as provided for in Section 26B-9-403, and a delinquency has occurred; or
(c) the child support order was issued or modified before January 1, 1994, and a delinquency has occurred.
(4) If a court grants an ex parte motion under Subsection (3), the court shall order the clerk of the court or the requesting party to:
(a) mail written notice to the payor at the payor's last-known address that contains the information required by Section 26B-9-407;
(b) mail a copy of the written notice sent to the payor under Subsection (4)(a) to the nonrequesting party's address and a copy of the support order and the notice to the payor to the office; and
(c) if the obligee is the requesting party, send notice to the obligor under Section 26B-9-207 that includes:
(i) a copy of the notice sent to the payor; and
(ii) information regarding:
(A) the commencement of income withholding; and
(B) the opportunity to contest the withholding or the amount withheld due to mistake of fact by filing an objection with the court within 20 days.
(5) A payor who receives written notice under Subsection (4)(a) shall comply with the requirements of Section 26B-9-408.
(6) If an obligor contests withholding, the court shall:
(a) provide an opportunity for the obligor to present evidence supporting his claim of a mistake of fact;
(b) decide whether income withholding should continue;
(c) notify the parties of the decision; and
(d) at the obligor's option, return or credit toward the most current and future support payments of the obligor any amount mistakenly withheld plus interest at the legal rate.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 4 - Income Withholding in Non IV-D Cases › Section 406 - Responsibilities of the office.

Effective 5/3/2023
26B-9-406.
Responsibilities of the office.
The office shall document and distribute payments in the manner provided for and in the time required by Section 26B-9-312 and federal law upon receipt of:
(1) a copy of the written notice sent to the payor under Section 26B-9-403 or Section 26B-9-405;
(2) the order of support;
(3) the obligee's address; and
(4) withheld income from the payor.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 4 - Income Withholding in Non IV-D Cases › Section 408 - Payor's procedures for income withholding.

Effective 5/3/2023
26B-9-408.
Payor's procedures for income withholding.
(1)
(a) A payor is subject to the requirements, penalties, and effects of a notice mailed or delivered to him under Section 26B-9-407.
(b) A payment of withheld income mailed to the office in an envelope postmarked within seven business days of the date the amount would have been paid or credited to the obligor but for this section satisfies Subsection 26B-9-407(1)(c).
(2) If a payor fails to comply with the requirements of a notice served upon him under Section 26B-9-407, the obligee, or obligor may proceed with a civil action against the payor to enforce a provision of the notice.
(3) If the obligor's child support is owed monthly and the payor's pay periods are at more frequent intervals, the payor, with the consent of the office or obligee, may withhold an equal amount at each pay period cumulatively sufficient to pay the monthly child support obligation.
(4) A payor may combine amounts which he has withheld from the income of multiple obligors into a single payment to the office. If such a combined payment is made, the payor shall specify the amount attributable to each individual obligor by name and Social Security number.
(5) In addition to any other remedy provided in this section, a payor is liable to the obligee or obligor for costs and reasonable attorney fees incurred in enforcing a provision of the notice mailed or delivered under Section 26B-9-407.
(6) Notwithstanding this section or Section 26B-9-407, if a payor receives an income withholding order or notice issued by another state, the payor shall apply the income withholding law of the state of the obligor's principal place of business in determining:
(a) the payor's fee for processing income withholding;
(b) the maximum amount permitted to be withheld from the obligor's income;
(c) the time periods within which the payor must implement income withholding and forward child support payments;
(d) the priorities for withholding and allocating withheld income for multiple child support obligees; and
(e) any terms or conditions for withholding not specified in the notice.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 4 - Income Withholding in Non IV-D Cases › Section 409 - Termination of income withholding.

Effective 5/3/2023
26B-9-409.
Termination of income withholding.
(1)
(a) At any time after the date income withholding begins, a party to the child support order may request a court to determine whether income withholding should be terminated due to:
(i) good cause under Section 26B-9-403; or
(ii) the completion of an obligor's support obligation.
(b) An obligor's payment of overdue child support may not be the sole basis for termination of income withholding.
(c) After termination of income withholding under this section, a party may seek reinstatement of income withholding under Section 26B-9-405.
(2)
(a) If it is determined that income withholding should be terminated under Subsection (1)(a)(i), the court shall order written notice of termination be given to each payor within 10 days after receipt of notice of that decision.
(b) The obligee shall give written notice of termination to each payor:
(i) when the obligor no longer owes child support to the obligee; or
(ii) if the obligee and obligor enter into a written agreement that provides an alternative arrangement, which may be filed with the court.
(3) A notice to withhold income is binding on a payor until the court or the obligee notifies the payor that his obligation to withhold income has been terminated.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 4 - Income Withholding in Non IV-D Cases › Section 410 - Payor's compliance with income withholding.

Effective 5/3/2023
26B-9-410.
Payor's compliance with income withholding.
(1) Payment by a payor under this part satisfies the terms for payment of income under any contract between a payor and obligor.
(2) A payor who complies with an income withholding notice that is regular on its face may not be subject to civil liability to any person for conduct in compliance with the notice.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 4 - Income Withholding in Non IV-D Cases › Section 411 - Violations by payor.

Effective 5/3/2023
26B-9-411.
Violations by payor.
(1) A payor may not discharge, refuse to hire, or discipline any obligor because of a notice to withhold under this part.
(2) If a payor violates Subsection (1), the payor is liable to the obligor as provided in Section 26B-9-217 and the obligee for the greater of $1,000 or the amount of child support accumulated to the date of discharge which should have been withheld plus interest on that amount and costs incurred in collecting the amount, including reasonable attorney fees.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 4 - Income Withholding in Non IV-D Cases › Section 412 - Priority of notice or order to withhold income.

Effective 5/3/2023
26B-9-412.
Priority of notice or order to withhold income.
The notice to withhold under this part is prior to all other legal collection processes provided by state law, including garnishment, attachment, execution, and wage assignment.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 5 - Administrative License Suspension for Child Support Enforcement › Section 501 - Definitions.

Effective 5/3/2023
26B-9-501.
Definitions.
As used in this part:
(1) "Child support" is as defined in Section 26B-9-301.
(2) "Delinquent on a child support obligation" means that a person:
(a)
(i) made no payment for 60 days on a current child support obligation as set forth in an administrative or court order;
(ii) after the 60-day period described in Subsection (2)(a)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the order; and
(iii) has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears; or
(b)
(i) made no payment for 60 days on an arrearage obligation of child support as set forth in:
(A) a payment schedule;
(B) a written agreement with the office; or
(C) an administrative or judicial order;
(ii) after the 60-day period described in Subsection (2)(b)(i), failed to make a good faith effort under the circumstances to make payment on the child support obligation in accordance with the payment schedule, agreement, or order; and
(iii) has not obtained a judicial order staying enforcement of the person's child support obligation, or the amount in arrears.
(3) "Driver license" means a license, as defined in Section 53-3-102.
(4) "Driver License Division" means the Driver License Division of the Department of Public Safety created in Section 53-3-103.
(5) "Office" means the Office of Recovery Services.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 9 - Recovery Services and Administration of Child Support › Part 5 - Administrative License Suspension for Child Support Enforcement › Section 503 - Notification of order to suspend or rescission of order.

Effective 5/3/2023
26B-9-503.
Notification of order to suspend or rescission of order.
(1) When, pursuant to this part, the office orders the suspension of a person's driver license, or rescinds an order suspending a person's driver license, the office shall, within five business days after the day on which the order or rescission is made, notify:
(a) the Driver License Division; and
(b) the person to whom the order or rescission applies.
(2)
(a) The notification described in Subsections (1)(a) and (b) shall include the name and identifying information of the person described in Subsection (1).
(b) The notification to a person described in Subsection (1)(b) shall include a statement indicating that the person must reinstate the person's driver license with the Driver License Division before driving a motor vehicle.
Renumbered and Amended by Chapter 305, 2023 General Session
2023 Utah Code › Title 29 - Hotels and Hotel Keepers › Chapter 1 - Hotel Keepers' Liability › Section 1 - Fireproof safe for use of guests -- Limitation of liability.

29-1-1.
Fireproof safe for use of guests -- Limitation of liability.
If an innkeeper, hotel keeper, boarding house or lodging house keeper keeps on his premises a fireproof safe or vault, and gives notice to his guests, boarders or lodgers, by posting a copy of this section in a prominent or conspicuous place in the office of the inn, hotel, boarding house or lodging house and in the rooms occupied by the guests, boarders or lodgers, that he keeps for their use a fireproof safe or vault and will not be liable for money, jewelry, documents or other articles of unusual value and small compass, unless placed therein, he is not liable, except so far as his acts or the acts of his employees shall contribute thereto, for any loss of or injury to such articles, if not deposited with him to be placed in such safe or vault, or in any case for more than the sum of $250 for any such property, unless he shall have given a receipt in writing therefor to the guest, boarder or lodger, and the value of the article so placed with him for safekeeping shall have been declared by such guest, boarder or lodger.
No Change Since 1953
2023 Utah Code › Title 29 - Hotels and Hotel Keepers › Chapter 1 - Hotel Keepers' Liability › Section 2 - Property worth more than $250 -- Limitation of liability -- Special arrangements -- Theft by, or negligence of, innkeeper or servant.

29-1-2.
Property worth more than $250 -- Limitation of liability -- Special arrangements -- Theft by, or negligence of, innkeeper or servant.
An innkeeper, hotel keeper, boarding house or lodging house keeper is not required to receive from a guest for deposit in such safe or vault, property described in the next preceding section exceeding a total value of $250, and is not liable for such property exceeding such value whether received or not. Such innkeeper, hotel keeper, boarding house or lodging house keeper, by special arrangement with a guest, may receive for deposit in such safe or vault property upon such written terms as may be agreed upon. A person who is an innkeeper, hotel keeper, boarding house or lodging house keeper shall be liable for a loss of any of such property of a guest in the person's inn caused by the theft or negligence of the innkeeper or the innkeeper's servant.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 29 - Hotels and Hotel Keepers › Chapter 1 - Hotel Keepers' Liability › Section 3 - Other personal property -- Limitation of liability.

29-1-3.
Other personal property -- Limitation of liability.
(1) The liability of a person who is an innkeeper, hotel keeper, boarding or lodging house keeper, for loss of or injury to personal property placed in the person's care by the person's guests other than that described in Section 29-1-1, shall be that of a depositary for hire.
(2) The liability described in Subsection (1) may not exceed $150 for each trunk and its contents, $50 for each valise, suitcase or other piece of hand luggage and its contents, and $10 for each box, bundle or package, and its contents, so placed in the person's care, unless the person has consented in writing with the guest to assume a greater liability.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 29 - Hotels and Hotel Keepers › Chapter 2 - Innkeeper's Rights Act › Section 102 - Definitions.

29-2-102.
Definitions.
As used in this chapter:
(1) "Alcoholic beverage" has the same meaning as provided in Section 32B-1-102.
(2) "Controlled substance" has the same meaning as provided in Section 58-37-2.
(3) "Guest" means a person for whom an innkeeper was paid to provide temporary sleeping accommodations in a lodging establishment.
(4) "Innkeeper" means the proprietor or designated employee of a proprietor of a lodging establishment.
(5) "Lodging establishment" means a place providing temporary sleeping accommodations to the public, including any of the following:
(a) a bed and breakfast establishment;
(b) a boarding house;
(c) a hotel;
(d) an inn;
(e) a lodging house;
(f) a motel;
(g) a resort; or
(h) a rooming house.
(6) "Minor" means an unemancipated person younger than 18 years of age.
Amended by Chapter 276, 2010 General Session
2023 Utah Code › Title 29 - Hotels and Hotel Keepers › Chapter 2 - Innkeeper's Rights Act › Section 105 - Restitution.

29-2-105.
Restitution.
In addition to any other penalty a court may impose, a court may order:
(1) a person who violates an innkeeper's rights under Section 29-2-103 to pay restitution:
(a) for damages suffered by an innkeeper including the lodging establishment's loss of revenue resulting from the lodging establishment's inability to rent or lease the room during the time period the lodging establishment room is being repaired; and
(b) to any person who is injured in person or property; and
(2) a parent or legal guardian of a minor to pay restitution for damages resulting from any acts of the minor in violation of an innkeeper's rights under Section 29-2-103.
Enacted by Chapter 231, 1995 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 1 - Incestuous marriages void.

Effective 5/4/2022
30-1-1.
Incestuous marriages void.
(1) The following marriages are incestuous and void from the beginning, regardless of whether the relationship is legally recognized:
(a) marriages between parents and children;
(b) marriages between ancestors and descendants of every degree;
(c) marriages between siblings of the half as well as the whole blood;
(d) marriages between:
(i) uncles and nieces or nephews; or
(ii) aunts and nieces or nephews;
(e) marriages between first cousins, except as provided in Subsection (2); or
(f) marriages between any individuals related to each other within and not including the fifth degree of consanguinity computed according to the rules of the civil law, except as provided in Subsection (2).
(2) First cousins may marry under the following circumstances:
(a) both parties are 65 years of age or older; or
(b) if both parties are 55 years of age or older, upon a finding by the district court, located in the district in which either party resides, that either party is unable to reproduce.
Amended by Chapter 217, 2022 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 2 - Marriages prohibited and void.

Effective 5/14/2019
30-1-2.
Marriages prohibited and void.
(1) The following marriages are prohibited and declared void:
(a) when there is a spouse living, from whom the individual marrying has not been divorced;
(b) except as provided in Subsection (2), when an applicant is under 18 years old; and
(c) between a divorced individual and any individual other than the one from whom the divorce was secured until the divorce decree becomes absolute, and, if an appeal is taken, until after the affirmance of the decree.
(2) A marriage of an individual under 18 years old is not void if the individual:
(a) is 16 or 17 years old and obtains consent from a parent or guardian and juvenile court authorization in accordance with Section 30-1-9; or
(b) lawfully marries before May 14, 2019.
Amended by Chapter 300, 2019 General Session
Amended by Chapter 317, 2019 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 2.1 - Validation of marriage to a person subject to chronic epileptic fits who had not been sterilized.

30-1-2.1.
Validation of marriage to a person subject to chronic epileptic fits who had not been sterilized.
All marriages, otherwise valid and legal, contracted prior to the effective date of this act, to which either party was subject to chronic epileptic fits and who had not been sterilized, as provided by law, are hereby validated and legalized in all respects as though such marriages had been duly and legally contracted in the first instance.
Enacted by Chapter 41, 1963 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 2.2 - Validation of interracial marriages.

30-1-2.2.
Validation of interracial marriages.
All interracial marriages, otherwise valid and legal, contracted prior to July 1, 1965, to which one of the parties of the marriage was subject to disability to marry on account of Subsection 30-1-2(5) or (6), as those subsections existed prior to May 14, 1963, are hereby valid and made lawful in all respects as though such marriages had been duly and legally contracted in the first instance.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 2.3 - Validation of marriage to a person with acquired immune deficiency syndrome or other sexually transmitted disease.

30-1-2.3.
Validation of marriage to a person with acquired immune deficiency syndrome or other sexually transmitted disease.
Each marriage contracted prior to October 21, 1993, is valid and legal but for the prohibition described in Laws of Utah 1991, Chapter 117, Section 1, Subsection 30-1-2(1) regarding persons afflicted with acquired immune deficiency syndrome, syphilis, or gonorrhea, is hereby valid and made lawful in all respects as though that marriage had been legally contracted in the first instance.
Amended by Chapter 20, 1995 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 3 - Legal recognition of a child when marriage is void.

Effective 5/4/2022
30-1-3.
Legal recognition of a child when marriage is void.
When a marriage is void under Subsection 30-1-2(1)(a) and the parties entered into the marriage in good faith, a child of the marriage, who is born or conceived before the parties had actual knowledge that the marriage was void, shall be legally recognized as the child of the parties.
Repealed and Re-enacted by Chapter 217, 2022 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 4 - Validity of foreign marriages -- Exceptions.

Effective 5/14/2019
30-1-4.
Validity of foreign marriages -- Exceptions.
A marriage solemnized in any other country, state, or territory, if valid where solemnized, is valid in this state, unless it is a marriage:
(1) that would be prohibited and declared void in this state, under Subsection 30-1-2(1) (a); or
(2) between parties who are related to each other within and including three degrees of consanguinity, except as provided in Subsection 30-1-1(2).
Amended by Chapter 300, 2019 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 4.1 - Marriage recognition policy.

30-1-4.1.
Marriage recognition policy.
(1)
(a) It is the policy of this state to recognize as marriage only the legal union of a man and a woman as provided in this chapter.
(b) Except for the relationship of marriage between a man and a woman recognized pursuant to this chapter, this state will not recognize, enforce, or give legal effect to any law creating any legal status, rights, benefits, or duties that are substantially equivalent to those provided under Utah law to a man and a woman because they are married.
(2) Nothing in Subsection (1) impairs any contract or other rights, benefits, or duties that are enforceable independently of this section.
Enacted by Chapter 261, 2004 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 4.5 - Validity of marriage not solemnized.

Effective 5/5/2021
30-1-4.5.
Validity of marriage not solemnized.
(1) A marriage which is not solemnized according to this chapter shall be legal and valid if a court or administrative order establishes that the marriage arises out of a contract between a man and a woman who:
(a) are of legal age and capable of giving consent;
(b) are legally capable of entering a solemnized marriage under the provisions of this chapter;
(c) have cohabited;
(d) mutually assume marital rights, duties, and obligations; and
(e) who hold themselves out as and have acquired a uniform and general reputation as husband and wife.
(2)
(a) A petition for an unsolemnized marriage shall be filed during the relationship described in Subsection (1), or within one year following the termination of that relationship.
(b) Evidence of a marriage recognizable under this section may be manifested in any form, and may be proved under the same general rules of evidence as facts in other cases.
Amended by Chapter 186, 2021 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 5 - Marriage solemnization -- Before unauthorized person -- Validity.

30-1-5.
Marriage solemnization -- Before unauthorized person -- Validity.
(1) A marriage solemnized before a person professing to have authority to perform marriages may not be invalidated for lack of authority, if consummated in the belief of the parties or either of them that the person had authority and that they have been lawfully married.
(2) This section may not be construed to validate a marriage that is prohibited or void under Section 30-1-2.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 6 - Who may solemnize marriages -- Certificate.

Effective 5/4/2022
30-1-6.
Who may solemnize marriages -- Certificate.
(1) As used in this section:
(a) "Judge or magistrate of the United States" means:
(i) a justice of the United States Supreme Court;
(ii) a judge of a court of appeals;
(iii) a judge of a district court;
(iv) a judge of any court created by an act of Congress, the judges of which are entitled to hold office during good behavior;
(v) a judge of a bankruptcy court;
(vi) a judge of a tax court; or
(vii) a United States magistrate.
(b)
(i) "Native American spiritual advisor" means an individual who:
(A) leads, instructs, or facilitates a Native American religious ceremony or service or provides religious counseling; and
(B) is recognized as a spiritual advisor by a federally recognized Native American tribe.
(ii) "Native American spiritual advisor" includes a sweat lodge leader, medicine person, traditional religious practitioner, or holy man or woman.
(2) The following individuals may solemnize a marriage:
(a) an individual 18 years old or older who is authorized by a religious denomination to solemnize a marriage;
(b) a Native American spiritual advisor;
(c) the governor;
(d) the lieutenant governor;
(e) the state attorney general;
(f) the state treasurer;
(g) the state auditor;
(h) a mayor of a municipality or county executive;
(i) a justice, judge, or commissioner of a court of record;
(j) a judge of a court not of record of the state;
(k) a judge or magistrate of the United States;
(l) the county clerk of any county in the state or the county clerk's designee as authorized by Section 17-20-4;
(m) a senator or representative of the Utah Legislature;
(n) a member of the state's congressional delegation; or
(o) a judge or magistrate who holds office in Utah when retired, under rules set by the Supreme Court.
(3) An individual authorized under Subsection (2) who solemnizes a marriage shall give to the couple married a certificate of marriage that shows the:
(a) name of the county from which the license is issued; and
(b) date of the license's issuance.
(4) Except for an individual described in Subsection (2)(l), an individual described in Subsection (2) has discretion to solemnize a marriage.
(5) Except as provided in Section 17-20-4 and Subsection (2)(l), and notwithstanding any other provision in law, no individual authorized under Subsection (2) to solemnize a marriage may delegate or deputize another individual to perform the function of solemnizing a marriage.
Amended by Chapter 444, 2022 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 7 - Marriage licenses -- Use within state -- Expiration.

Effective 5/5/2021
30-1-7.
Marriage licenses -- Use within state -- Expiration.
(1) No marriage may be solemnized in this state without a license issued by the county clerk of any county of this state.
(2) A license issued within this state by a county clerk may only be used within this state.
(3) A license that is not used within 32 days after the day on which the licensed is issued is void.
Amended by Chapter 305, 2021 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 8 - Application for license -- Contents.

Effective 5/5/2021
30-1-8.
Application for license -- Contents.
(1) As used in this section, "minor" means the same as that term is defined in Section 30-1-9.
(2) A county clerk may issue a marriage license only after an application is filed with the county clerk's office, requiring the following information:
(a) the full names of the applicants, including the maiden or bachelor name of each applicant;
(b) the social security numbers of the applicants, unless an applicant has not been assigned a number;
(c) the current address of each applicant;
(d) the date and place of birth, including the town or city, county, state or country, if possible;
(e) the names of the applicants' respective parents, including the maiden name of a mother; and
(f) the birthplaces of the applicants' respective parents, including the town or city, county, state or country, if possible.
(3)
(a) If one or both of the applicants is a minor, the clerk shall provide each minor with a standard petition on a form provided by the Judicial Council to be presented to the juvenile court to obtain the authorization required by Section 30-1-9.
(b) The form described in Subsection (3)(a) shall include:
(i) all information described in Subsection (2);
(ii) in accordance with Subsection 30-1-9(2)(a), a place for the parent or legal guardian to indicate the parent or legal guardian's relationship to the minor;
(iii) an affidavit for the parent or legal guardian to acknowledge the penalty described in Section 30-1-9.1 signed under penalty of perjury;
(iv) an affidavit for each applicant regarding the accuracy of the information contained in the marriage application signed under penalty of perjury; and
(v) a place for the clerk to sign that indicates that the following have provided documentation to support the information contained in the form:
(A) each applicant; and
(B) the minor's parent or legal guardian.
(4)
(a) The social security numbers obtained under the authority of this section may not be recorded on the marriage license, and are not open to inspection as a part of the vital statistics files.
(b) The Department of Health, Bureau of Vital Records and Health Statistics shall, upon request, supply the social security numbers to the Office of Recovery Services within the Department of Human Services.
(c) The Office of Recovery Services may not use a social security number obtained under the authority of this section for any reason other than the administration of child support services.
Amended by Chapter 305, 2021 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 9.1 - Parental consent to prohibited marriage of minor -- Penalty.

30-1-9.1.
Parental consent to prohibited marriage of minor -- Penalty.
A parent or guardian who knowingly consents or allows a minor child to enter into a marriage prohibited by law is guilty of a third degree felony.
Enacted by Chapter 129, 2001 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 10 - Affidavit before the clerk -- Penalty.

Effective 5/14/2019
30-1-10.
Affidavit before the clerk -- Penalty.
(1) A clerk may not issue a license until an affidavit is made before the clerk, which shall be filed and preserved by the clerk, by a party applying for the license, showing that there is no lawful reason in the way of the marriage.
(2) A party who makes an affidavit described in Subsection (1) or a subscribing witness to the affidavit who falsely swears in the affidavit is guilty of perjury.
Amended by Chapter 317, 2019 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 11 - Return of license after ceremony -- Failure -- Penalty.

Effective 5/14/2019
30-1-11.
Return of license after ceremony -- Failure -- Penalty.
(1) The individual solemnizing the marriage shall within 30 days after solemnizing the marriage return the license to the clerk of the county that issues the license, with a certificate of the marriage over the individual's signature, giving the date and place of celebration and the names of two or more witnesses present at the marriage.
(2) An individual described in Subsection (1) who fails to return the license is guilty of an infraction.
Amended by Chapter 420, 2019 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 12 - Clerk to file license and certificate -- Designation as vital record.

Effective 5/3/2023
30-1-12.
Clerk to file license and certificate -- Designation as vital record.
(1)
(a) The license, together with the certificate of the individual officiating at the marriage, shall be filed and preserved by the clerk, and shall be recorded by the clerk in a book kept for that purpose, or by electronic means.
(b) The record shall be properly indexed in the names of the parties so married.
(2) An individual may use a diacritical mark, as defined in Section 26B-8-103, on a marriage license.
(3) A transcript shall be promptly certified and transmitted by the clerk to the state registrar of vital statistics.
(4) The license and the certificate of the individual officiating at the marriage are vital records as defined in Section 26B-8-101 and are subject to the inspection requirements described in Section 26B-8-125.
Amended by Chapter 327, 2023 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 13 - Solemnization without license -- Penalty.

Effective 5/14/2019
30-1-13.
Solemnization without license -- Penalty.
If an individual knowingly solemnizes a marriage without a license, and if either party is 16 or 17 years old, without a written authorization from a juvenile court, the individual is guilty of a third degree felony.
Amended by Chapter 300, 2019 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 14 - Acting without authority -- Penalty.

Effective 5/14/2019
30-1-14.
Acting without authority -- Penalty.
An individual is guilty of a third degree felony if the individual:
(1) knowingly solemnizes a marriage in violation of Section 30-1-6, 30-1-7, or 30-1-9.1;
(2) impersonates a parent or guardian of a minor to obtain a license for the minor to marry; or
(3) forges the name of a parent or guardian of a minor on any writing purporting to give consent to a marriage of a minor.
Amended by Chapter 300, 2019 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 15 - Solemnization of prohibited marriage -- Penalty.

30-1-15.
Solemnization of prohibited marriage -- Penalty.
(1) Any person who knowingly, with or without a license, solemnizes a marriage of a minor prohibited by law is guilty of a third degree felony.
(2) Any person who knowingly, with or without a license, solemnizes a marriage between two adults prohibited by law is guilty of a class A misdemeanor.
Amended by Chapter 129, 2001 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 17 - Action to determine validity of marriage -- Judgment of validity or annulment.

Effective 5/14/2019
30-1-17.
Action to determine validity of marriage -- Judgment of validity or annulment.
When there is doubt as to the validity of a marriage, either party may, in a court of equity in a county where either party is domiciled, demand avoidance or affirmance of the marriage, but when one of the parties was under 18 years old at the time of the marriage, the other party, being of proper age, does not have a proceeding for that cause against the party under 18 years old. The judgment in the action shall either declare the marriage valid or annulled and shall be conclusive upon all persons concerned with the marriage.
Amended by Chapter 300, 2019 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 17.1 - Annulment -- Grounds for.

30-1-17.1.
Annulment -- Grounds for.
A marriage may be annulled for any of the following causes existing at the time of the marriage:
(1) When the marriage is prohibited or void under Title 30, Chapter 1, Marriage.
(2) Upon grounds existing at common law.
Enacted by Chapter 65, 1971 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 17.2 - Action to determine validity of marriage -- Orders relating to parties, property, and children -- Presumption of paternity in marriage.

30-1-17.2.
Action to determine validity of marriage -- Orders relating to parties, property, and children -- Presumption of paternity in marriage.
(1) If the parties have accumulated any property or acquired any obligations subsequent to the marriage, if there is a genuine need arising from an economic change of circumstances due to the marriage, or if there are children born or expected, the court may make temporary and final orders, and subsequently modify the orders, relating to the parties, their property and obligations, the children and their custody and parent-time, and the support and maintenance of the parties and children, as may be equitable.
(2) A man is presumed to be the father of a child if:
(a) he and the mother of the child are married to each other and the child is born during the marriage;
(b) he and the mother of the child were married to each other and the child is born within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation;
(c) before the birth of the child, he and the mother of the child married each other in apparent compliance with law, even if the attempted marriage is, or could be, declared invalid and the child is born during the invalid marriage or within 300 days after its termination by death, annulment, declaration of invalidity, or divorce, or after a decree of separation; or
(d) after the birth of the child, he and the mother of the child have married each other in apparent compliance with law, whether or not the marriage is, or could be declared, invalid, he voluntarily asserted his paternity of the child, and there is no other presumptive father of the child, and:
(i) the assertion is in a record filed with the state registrar;
(ii) he agreed to be and is named as the child's father on the child's birth certificate; or
(iii) he promised in a record to support the child as his own.
(3) If the child was born at the time of entry of a divorce decree, other children are named as children of the marriage, but that child is specifically not named, the husband is not presumed to be the father of the child not named in the order.
(4) A presumption of paternity established under this section may only be rebutted in accordance with Section 78B-15-607.
(5) A final order or decree issued by a tribunal in which paternity is adjudicated may not be set aside unless the court finds that one of the parties perpetrated a fraud in the establishment of the paternity and another party did not know or could not reasonably have known of the fraud at the time of the entry of the order. The party who committed the fraud may not bring the action.
Amended by Chapter 3, 2008 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 17.3 - Age as basis of action to determine validity of marriage -- Refusal to grant annulment.

Effective 5/14/2019
30-1-17.3.
Age as basis of action to determine validity of marriage -- Refusal to grant annulment.
If an action to determine the validity of a marriage is commenced upon the ground that one or both of the parties were prohibited from marriage because of their age, in addition to the application of Sections 30-1-17 through 30-1-17.4, the provisions of this code regarding marriage by a person or persons under 18 years old to the contrary notwithstanding, the court may refuse to grant an annulment if the court finds that it is in the best interest of the parties or their children, to refuse the annulment. The refusal to annul under this section makes the marriage valid and subsisting for all purposes.
Amended by Chapter 300, 2019 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 17.4 - Action for annulment or divorce as alternative relief.

30-1-17.4.
Action for annulment or divorce as alternative relief.
Nothing herein shall be construed to prevent the filing of an action requesting an annulment or a divorce as alternative relief.
Enacted by Chapter 65, 1971 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 30 - Premarital counseling or education -- State policy -- Applicability.

Effective 9/30/2018
30-1-30.
Premarital counseling or education -- State policy -- Applicability.
It is the policy of the state to enhance the possibility of couples to achieve more stable, satisfying, and enduring marital and family relationships by providing opportunities for and encouraging the use of premarital counseling or education before securing a marriage license.
Amended by Chapter 347, 2018 General Session
2023 Utah Code › Title 30 - Husband and Wife › Chapter 1 - Marriage › Section 31 - Premarital counseling board in county -- Appointment, terms, compensation, offices -- Common counseling board with adjacent county.

30-1-31.
Premarital counseling board in county -- Appointment, terms, compensation, offices -- Common counseling board with adjacent county.
The boards of commissioners of the respective counties in this state are authorized to provide for premarital counseling and to require the use of premarital counseling as a condition precedent to the issuance of a marriage license under the provisions of this act. They may appoint a premarital counseling board consisting of seven members, four of whom shall be lay persons and three of whom shall be chosen from the professions of psychiatry, psychology, social work, marriage counseling, the clergy, law or medicine. They may designate the terms of office and the procedures to be followed by the premarital counseling board and provide for payment of compensation and expenses for members. They may pay the salaries and expenses of a counseling staff under the supervision of the premarital counseling board and provide office space, furnishings, equipment and supplies for their use.
A county may join with an adjacent county or counties in forming a common premarital counseling board and in establishing a common master plan for premarital counseling.
Enacted by Chapter 64, 1971 General Session