Utah code 30-3-1.   Procedure - Residence - Grounds.

Proceedings in divorce are commenced and conducted as provided by law for proceedings in civil causes, except as provided in this chapter.
The court may decree a dissolution of the marriage contract between the petitioner and respondent on the grounds specified in Subsection (3) in all cases where the petitioner or respondent has been an actual and bona fide resident of this state and of the county where the action is brought, or if members of the armed forces of the United States who are not legal residents of this state, where the petitioner has been stationed in this state under military orders, for three months next prior to the commencement of the action.
Grounds for divorce:
    a. impotency of the respondent at the time of marriage;
    b. adultery committed by the respondent subsequent to marriage;
    c. willful desertion of the petitioner by the respondent for more than one year;
    d. willful neglect of the respondent to provide for the petitioner the common necessaries of life;
    e. habitual drunkenness of the respondent;
    f. conviction of the respondent for a felony;
    g. cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;
    h irreconcilable differences of the marriage;
    i incurable insanity; or
    j when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.
A decree of divorce granted under Subsection (3)(j) does not affect the liability of either party under any provision for separate maintenance previously granted.

A divorce may not be granted on the grounds of insanity unless:
    i. the respondent has been adjudged insane by the appropriate authorities of this or another state prior to the commencement of the action; and
    ii. the court finds by the testimony of competent witnesses that the insanity of the respondent is incurable.
    b. The court shall appoint for the respondent a guardian ad litem who shall protect the interests of the respondent. A copy of the summons and complaint shall be served on the respondent in person or by publication, as provided by the laws of this state in other actions for divorce, or upon his guardian ad litem, and upon the county attorney for the county where the action is prosecuted.
    c. The county attorney shall investigate the merits of the case and if the respondent resides out of this state, take depositions as necessary, attend the proceedings, and make a defense as is just to protect the rights of the respondent and the interests of the state.
    d. In all actions the court and judge have jurisdiction over the payment of alimony, the distribution of property, and the custody and maintenance of minor children, as the courts and judges possess in other actions for divorce.
    e. The petitioner or respondent may, if the respondent resides in this state, upon notice, have the respondent brought into the court at trial, or have an examination of the respondent by two or more competent physicians, to determine the mental condition of the respondent. For this purpose either party may have leave from the court to enter any asylum or institution where the respondent may be confined. The costs of court in this action shall be apportioned by the court. 

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Utah code 30-3-5.   Property Settlement- Maintenance and health care. Dividing assets in a divorce. Marital Debts. Custody and parent-time

and not asserted or defended against in good faith.
(7) If a petition alleges noncompliance with a parent-time order by a parent, or a visitation order by a grandparent or other member of the immediate family where a visitation or parent-time right has been previously granted by the court, the court may award to the prevailing party costs, including actual attorney fees and court costs incurred by the prevailing party because of the other party's failure to provide or exercise court-ordered visitation or parent-time.
(8) (a) The court shall consider at least the following factors in determining alimony:
     (i) the financial condition and needs of the recipient spouse;
     (ii) the recipient's earning capacity or ability to produce income;
     (iii) the ability of the payor spouse to provide support;
     (iv) the length of the marriage;
     (v) whether the recipient spouse has custody of minor children requiring support;
     (vi) whether the recipient spouse worked in a business owned or operated by the payor spouse; and
     (vii) whether the recipient spouse directly contributed to any increase in the payor spouse's skill by paying for education received by the payor spouse or allowing the payor spouse to attend school during the marriage.
     (b) The court may consider the fault of the parties in determining alimony.
     (c) As a general rule, the court should look to the standard of living, existing at the time of separation, in determining alimony in accordance with Subsection (8)(a). However, the court shall consider all relevant facts and equitable principles and may, in its discretion, base alimony on the standard of living that existed at the time of trial. In marriages of short duration, when no children have been conceived or born during the marriage, the court may consider the standard of living that existed at the time of the marriage.
     (d) The court may, under appropriate circumstances, attempt to equalize the parties' respective standards of living.
     (e) When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in dividing the marital property and in determining the amount of alimony. If one spouse's earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make a compensating adjustment in dividing the marital property and awarding alimony.
     (f) In determining alimony when a marriage of short duration dissolves, and no children have been conceived or born during the marriage, the court may consider restoring each party to the condition which existed at the time of the marriage.
     (g) (i) The court has continuing jurisdiction to make substantive changes and new orders regarding alimony based on a substantial material change in circumstances not foreseeable at the time of the divorce.
     (ii) The court may not modify alimony or issue a new order for alimony to address needs of the recipient that did not exist at the time the decree was entered, unless the court finds extenuating circumstances that justify that action.
     (iii) In determining alimony, the income of any subsequent spouse of the payor may not be considered, except as provided in this Subsection (8).

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Utah code 30-3-10.   Custody of children in case of separation or divorce -- Custody consideration.

(1) If a husband and wife having minor children are separated, or their marriage is declared void or dissolved, the court shall make an order for the future care and custody of the minor children as it considers appropriate.
     (a) In determining any form of custody, the court shall consider the best interests of the child and, among other factors the court finds relevant, the following:
(i) the past conduct and demonstrated moral standards of each of the parties;
(ii) which parent is most likely to act in the best interest of the child, including allowing the child frequent and continuing contact with the noncustodial parent;
(iii) the extent of bonding between the parent and child, meaning the depth, quality, and nature of the relationship between a parent and child; and
(iv) those factors outlined in Section 30-3-10.2.
     (b) The court shall, in every case, consider joint custody but may award any form of custody which is determined to be in the best interest of the child.
     (c) The children may not be required by either party to testify unless the trier of fact determines that extenuating circumstances exist that would necessitate the testimony of the children be heard and there is no other reasonable method to present their testimony.
     (d) The court may inquire of the children and take into consideration the children's desires regarding future custody or parent-time schedules, but the expressed desires are not controlling and the court may determine the children's custody or parent-time otherwise. The desires of a child 16 years of age or older shall be given added weight, but is not the single controlling factor.
     (e) If interviews with the children are conducted by the court pursuant to Subsection (1)(d), they shall be conducted by the judge in camera. The prior consent of the parties may be obtained but is not necessary if the court finds that an interview with the children is the only method to ascertain the child's desires regarding custody.
(2) In awarding custody, the court shall consider, among other factors the court finds relevant, which parent is most likely to act in the best interests of the child, including allowing the child frequent and continuing contact with the noncustodial parent as the court finds appropriate.
(3) If the court finds that one parent does not desire custody of the child, the court shall take that evidence into consideration in determining whether to award custody to the other parent.
(4) (a) Except as provided in Subsection (4)(b), a court may not discriminate against a parent due to a disability, as defined in Section 57-21-2, in awarding custody or determining whether a substantial change has occurred for the purpose of modifying an award of custody.
     (b) If a court takes a parent's disability into account in awarding custody or determining whether a substantial change has occurred for the purpose of modifying an award of custody, the parent with a disability may rebut any evidence, presumption, or inference arising from the disability by showing that:
(i) the disability does not significantly or substantially inhibit the parent's ability to provide for the physical and emotional needs of the child at issue; or
(ii) the parent with a disability has sufficient human, monetary, or other resources available to supplement the parent's ability to provide for the physical and emotional needs of the child at issue.
     (c) Nothing in this section may be construed to apply to adoption proceedings under Title 78B, Chapter 6, Part 1, Utah Adoption Act.
(5) This section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody or sole custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child. 

Utah divorce statutes 30-3-0.1. Definitions --Joint legal custody --Joint physical custody.

As used in this chapter:
(1) '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.
(2) '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.

Utah divorce statutes 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 it 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 or physical custody, the court shall consider the following factors:
     (a) whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal or physical custody;
     (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) whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent, including the sharing of love, affection, and contact between the child and the other parent;
     (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 or physical custody;
     (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;
     (i) any history of, or potential for, child abuse, spouse abuse, or kidnaping; and
     (j) any other factors 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 where 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.

Utah divorce statutes 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 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 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. 

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Utah code 30-3-10.5.   Payments of spousal 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 62A, Chapter 11, Part 3, Public Support of Child, income withholding services pursuant to Title 62A, Chapter 11, Part 4, Income Withholding in IV-D Cases, and other income withholding procedures pursuant to Title 62A, Chapter 11, Part 5, Income Withholding in Non IV-D Cases.
(2) For purposes of child support services and income withholding pursuant to Title 62A, Chapter 11, Part 3 and Part 4, 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. 

Utah divorce statutes 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 1, Cohabitant Abuse Act, 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. 

Utah divorce statutes 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.

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 Utah code 30-3-33.   Co-Parenting. Visitation

In addition to the parent-time schedules provided in Sections 30-3-35 and 30-3-35.5, the following advisory guidelines are suggested to govern all parent-time arrangements between parents. 
(1) Parent-time schedules mutually agreed upon by both parents are preferable to a court-imposed solution.
(2) The parent-time schedule shall be utilized to maximize the continuity and stability of the child's life.
(3) Special consideration shall be given by each parent to make the child available to attend family functions including funerals, weddings, family reunions, religious holidays, important ceremonies, and other significant events in the life of the child or in the life of either parent which may inadvertently conflict with the parent-time schedule.
(4) The responsibility for the pick up, delivery, and return of the child shall be determined by the court when the parent-time order is entered, and may be changed at any time a subsequent modification is made to the parent-time order.
(5) If the noncustodial parent will be providing transportation, the custodial parent shall have the child ready for parent-time at the time the child is to be picked up and shall be present at the custodial home or shall make reasonable alternate arrangements to receive the child at the time the child is returned.
(6) If the custodial parent will be transporting the child, the noncustodial parent shall be at the appointed place at the time the noncustodial parent is to receive the child, and have the child ready to be picked up at the appointed time and place, or have made reasonable alternate arrangements for the custodial parent to pick up the child.
(7) Regular school hours may not be interrupted for a school-age child for the exercise of parent-time by either parent.
(8) The court may make alterations in the parent-time schedule to reasonably accommodate the work schedule of both parents and may increase the parent-time allowed to the noncustodial parent but shall not diminish the standardized parent-time provided in Sections 30-3-35 and 30-3-35.5.
(9) The court may make alterations in the parent-time schedule to reasonably accommodate the distance between the parties and the expense of exercising parent-time.
(10) Neither parent-time nor child support is to be withheld due to either parent's failure to comply with a court-ordered parent-time schedule.
(11) The custodial parent shall notify the noncustodial parent within 24 hours of receiving notice of all significant school, social, sports, and community functions in which the child is participating or being honored, and the noncustodial parent shall be entitled to attend and participate fully.
(12) The noncustodial parent shall have access directly to all school reports including preschool and daycare reports and medical records and shall be notified immediately by the custodial parent in the event of a medical emergency.
(13) Each parent shall provide the other with his current address and telephone number, email address, and other virtual parent-time access information within 24 hours of any change.
(14) Each parent shall permit and encourage, during reasonable hours, reasonable and uncensored communications with the child, in the form of mail privileges and virtual parent-time if the equipment is reasonably available, provided that if the parties cannot agree on whether the equipment is reasonably available, the court shall decide whether the equipment for virtual parent-time is reasonably available, taking into consideration:
     (a) the best interests of the child;
     (b) each parent's ability to handle any additional expenses for virtual parent-time; and
     (c) any other factors the court considers material.
(15) Parental care shall be presumed to be better care for the child than surrogate care and the court shall encourage the parties to cooperate in allowing the noncustodial parent, if willing and able to transport the children, to provide the child

care. Child care arrangements existing during the marriage are preferred as are child care arrangements with nominal or no charge.
(16) Each parent shall provide all surrogate care providers with the name, current address, and telephone number of the other parent and shall provide the noncustodial parent with the name, current address, and telephone number of all surrogate care providers unless the court for good cause orders otherwise.
(17) Each parent shall be entitled to an equal division of major religious holidays celebrated by the parents, and the parent who celebrates a religious holiday that the other parent does not celebrate shall have the right to be together with the child on the religious holiday.
(18) If the child is on a different parent-time schedule than a sibling, based on Sections 30-3-35 and 30-3-35.5, the parents should consider if an upward deviation for parent-time with all the minor children so that parent-time is uniform between school aged and nonschool aged children, is appropriate. 

Utah divorce statutes 30-3-34.   Best interests -- Rebuttable presumption

(1) If the parties are unable to agree on a parent-time schedule, the court may establish a parent-time schedule consistent with the best interests of the child.
(2) The advisory guidelines as provided in Section 30-3-33 and the parent-time schedule as provided in Sections 30-3-35 and 30-3-35.5 shall be presumed to be in the best interests of the child. The parent-time schedule shall be considered the minimum parent-time to which the noncustodial parent and the child shall be entitled unless a parent can establish otherwise by a preponderance of the evidence that more or less parent-time should be awarded based upon any of the following criteria:
     (a) parent-time would endanger the child's physical health or significantly impair the child's emotional development;
     (b) the distance between the residency of the child and the noncustodial parent;
     (c) a substantiated or unfounded allegation of child abuse has been made;
     (d) the lack of demonstrated parenting skills without safeguards to ensure the child's well-being during parent-time;
     (e) the financial inability of the noncustodial parent to provide adequate food and shelter for the child during periods of parent-time;
     (f) the preference of the child if the court determines the child to be of sufficient maturity;
     (g) the incarceration of the noncustodial parent in a county jail, secure youth corrections facility, or an adult corrections facility;
     (h) shared interests between the child and the noncustodial parent;
     (i) the involvement or lack of involvement of the noncustodial parent in the school, community, religious, or other related activities of the child;
     (j) the availability of the noncustodial parent to care for the child when the custodial parent is unavailable to do so because of work or other circumstances;
     (k) a substantial and chronic pattern of missing, canceling, or denying regularly scheduled parent-time;
     (l) the minimal duration of and lack of significant bonding in the parents' relationship prior to the conception of the child;
     (m) the parent-time schedule of siblings;
     (n) the lack of reasonable alternatives to the needs of a nursing child; and
     (o) any other criteria the court determines relevant to the best interests of the child.
(3) The court shall enter the reasons underlying its order for parent-time that:
     (a) incorporates a parent-time schedule provided in Section 30-3-35 or 30-3-35.5; or
     (b) provides more or less parent-time than a parent-time schedule provided in Section 30-3-35 or 30-3-35.5.
(4) Once the parent-time schedule has been established, the parties may not alter the schedule except by mutual consent of the parties or a court order. 

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Utah code 30-3-10.9.   Parenting plan -- Objectives -- Required provisions -- Dispute resolution.

(1) The objectives of a parenting plan are to:
     (a) provide for the child's physical care;
     (b) maintain the child's emotional stability;
     (c) provide for the child's changing needs as the child grows and matures in a way that minimizes the need for future modifications to the parenting plan;
     (d) set forth the authority and responsibilities of each parent with respect to the child consistent with the definitions outlined in this chapter;
     (e) minimize the child's exposure to harmful parental conflict;
     (f) encourage the parents, where appropriate, to meet the responsibilities to their minor children through agreements in the parenting plan rather than relying on judicial intervention; and
     (g) protect the best interests of the child.
(2) The parenting plan shall contain provisions for resolution of future disputes between the parents, allocation of decision-making authority, and residential provisions for the child, and provisions addressing notice and parent-time responsibilities in the event of the relocation of either party. It may contain other provisions comparable to those in Sections 30-3-5 and 30-3-10.3 regarding the welfare of the child.
(3) A process for resolving disputes shall be provided unless precluded or limited by statute. A dispute resolution process may include:
     (a) counseling;
     (b) mediation or arbitration by a specified individual or agency; or
     (c) court action.
(4) In the dispute resolution process:
     (a) preference shall be given to the provisions in the parenting plan;
     (b) parents shall use the designated process to resolve disputes relating to implementation of the plan, except those related to financial support, unless an emergency exists;
     (c) a written record shall be prepared of any agreement reached in counseling or mediation and provided to each party;

     (d) if arbitration becomes necessary, a written record shall be prepared and a copy of the arbitration award shall be provided to each party;
     (e) if the court finds that a parent has used or frustrated the dispute resolution process without good reason, the court may award attorney's fees and financial sanctions to the prevailing parent;     
     (f) the district court shall have the right of review from the dispute resolution process; and
     (g) the provisions of this Subsection (4) shall be set forth in any final decree or order.
(5) The parenting plan shall allocate decision-making authority to one or both parties regarding the children's education, health care, and religious upbringing. The parties may incorporate an agreement related to the care and growth of the children in these specified areas or in other areas into their plan, consistent with the criteria outlined in Subsection 30-3-10.7(2) and Subsection (1). Regardless of the allocation of decision-making in the parenting plan, either parent may make emergency decisions affecting the health or safety of the child.
(6) Each parent may make decisions regarding the day-to-day care and control of the child while the child is residing with that parent.
(7) When mutual decision-making is designated but cannot be achieved, the parties shall make a good faith effort to resolve the issue through the dispute resolution process.
(8) The plan shall include a residential schedule which designates in which parent's home each minor child shall reside on given days of the year, including provisions for holidays, birthdays of family members, vacations, and other special occasions.
(9) If a parent fails to comply with a provision of the parenting plan or a child support order, the other parent's obligations under the parenting plan or the child support order are not affected. Failure to comply with a provision of the parenting plan or a child support order may result in a finding of contempt of court. 

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Utah code 30-3-11.3.   Mandatory educational course for divorcing parents -- Purpose -- Curriculum -- Exceptions.

 (1) There is established a mandatory course for divorcing parents as a pilot program in the third and fourth judicial districts to be administered by the Administrative Office of the Courts from July 1, 1992, to June 30, 1994. On July 1, 1994, an approved course shall be implemented in all judicial districts. The mandatory course is designed to educate and sensitize divorcing parties to their children's needs both during and after the divorce process.
(2) The Judicial Council shall adopt rules to implement and administer this program.
(3) As a prerequisite to receiving a divorce decree, both parties are required to attend a mandatory course on their children's needs after filing a complaint for divorce and receiving a docket number, unless waived under Section 30-3-4. If that requirement is waived, the court may permit the divorce action to proceed.
(4) The court may require unmarried parents to attend this educational course when those parents are involved in a visitation or custody proceeding before the court.
(5) The mandatory course shall instruct both parties:
     (a) about divorce and its impacts on:
(i) their child or children;
(ii) their family relationship; and
(iii) their financial responsibilities for their child or children; and
     (b) that domestic violence has a harmful effect on children and family relationships.
(6) The Administrative Office of the Courts shall administer the course pursuant to Title 63G, Chapter 6, Utah Procurement Code, through private or public contracts and organize the

program in each of Utah's judicial districts. The contracts shall provide for the recoupment of administrative expenses through the costs charged to individual parties, pursuant to Subsection (8).
(7) A certificate of completion constitutes evidence to the court of course completion by the parties.
(8) (a) Each party shall pay the costs of the course to the independent contractor providing the course at the time and place of the course. A fee of $8 shall be collected, as part of the course fee paid by each participant, and deposited in the Children's Legal Defense Account, described in Section51-9-408.
     (b) Each party who is unable to pay the costs of the course may attend the course without payment upon a prima facie showing of impecuniosity as evidenced by an affidavit of impecuniosity filed in the district court. In those situations, the independent contractor shall be reimbursed for its costs from the appropriation to the Administrative Office of the Courts for 'Mandatory Educational Course for Divorcing Parents Program.' Before a decree of divorce may be entered, the court shall make a final review and determination of impecuniosity and may order the payment of the costs if so determined.
(9) Appropriations from the General Fund to the Administrative Office of the Courts for the 'Mandatory Educational Course for Divorcing Parents Program' shall be used to pay the costs of an indigent parent who makes a showing as provided in Subsection (8)(b).
(10) The Administrative Office of the Courts shall adopt a program to evaluate the effectiveness of the mandatory educational course. Progress reports shall be provided annually to the Judiciary Interim Committee. 

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Utah code 30-3-39.   Mediation program.

(1) There is established a mandatory domestic mediation program to help reduce the time and tensions associated with obtaining a divorce.
(2) If, after the filing of an answer to a complaint of divorce, there are any remaining contested issues, the parties shall participate in good faith in at least one session of mediation. This requirement does not preclude the entry of pretrial orders before mediation takes place.
(3) The parties shall use a mediator qualified to mediate domestic disputes under criteria established by the Judicial Council in accordance with Section 78B-6-205.

(4) Unless otherwise ordered by the court or the parties agree upon a different payment arrangement, the cost of mediation shall be divided equally between the parties.
(5) The director of dispute resolution programs for the courts, the court, or the mediator may excuse either party from the requirement to mediate for good cause.
(6) Mediation shall be conducted in accordance with the Utah Rules of Court-Annexed Alternative Dispute Resolution. 

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utah code 30-5-2.   Visitation rights of grandparents

(1) Grandparents have standing to bring an action in district court by petition, requesting visitation in accordance with the provisions and requirements of this section. Grandparents may also file a petition for visitation rights in a pending divorce proceeding or other proceeding involving custody and visitation issues.
(2) There is a rebuttable presumption that a parent's decision with regard to grandparent visitation is in the grandchild's best interests. However, the court may override the parent's decision and grant the petitioner reasonable rights of visitation if the court finds that the petitioner has rebutted the presumption based upon factors which the court considers to be relevant, such as whether:
     (a) the petitioner is a fit and proper person to have visitation with the grandchild;
     (b) visitation with the grandchild has been denied or unreasonably limited;
     (c) the parent is unfit or incompetent;
     (d) the petitioner has acted as the grandchild's custodian or caregiver, or otherwise has had a substantial relationship with the grandchild, and the loss or cessation of that relationship is likely to cause harm to the grandchild;
     (e) the petitioner's child, who is a parent of the grandchild, has died, or has become a noncustodial parent through divorce or legal separation;

     (f) the petitioner's child, who is a parent of the grandchild, has been missing for an extended period of time; or
     (g) visitation is in the best interest of the grandchild.
(3) The adoption of a grandchild by the grandchild's stepparent does not diminish or alter visitation rights previously ordered under this section.
(4) Subject to the provisions of Subsections (2) and (3), the court may inquire of the grandchild and take into account the grandchild's desires regarding visitation.
(5) On the petition of a grandparent or the legal custodian of a grandchild the court may, after a hearing, modify an order regarding grandparent visitation if:
     (a) the circumstances of the grandchild, the grandparent, or the custodian have materially and substantially changed since the entry of the order to be modified, or the order has become unworkable or inappropriate under existing circumstances; and
     (b) the court determines that a modification is appropriate based upon the factors set forth in Subsection (2).
(6) Grandparents may petition the court to remedy a parent's wrongful noncompliance with a visitation order. 

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Utah code 30-3-37.   Custody Relocation. Parent relocation

(1) For purposes of this section, 'relocation' means moving 150 miles or more from the residence specified in the court's decree.
(2) The relocating parent shall provide, if possible, 60 days advance written notice of the intended relocation to the other parent. The written notice of relocation shall contain statements affirming the following:
     (a) the parent-time provisions in Subsection (5) or a schedule approved by both parties will be followed; and
     (b) neither parent will interfere with the other's parental rights pursuant to court ordered parent-time arrangements, or the schedule approved by both parties.
(3) The court may, upon motion of any party or upon the court's own motion, schedule a hearing with notice to review the notice of relocation and parent-time schedule as provided in Section 30-3-35 and make appropriate orders regarding the parent-time and costs for parent-time transportation.
(4) In determining the parent-time schedule and allocating the transportation costs, the court shall consider:
     (a) the reason for the parent's relocation;
     (b) the additional costs or difficulty to both parents in exercising parent-time;
     (c) the economic resources of both parents; and
     (d) other factors the court considers necessary and relevant.
(5) Unless otherwise ordered by the court, upon the relocation, as defined in Subsection (1), of one of the parties the following schedule shall be the minimum requirements for parent-time with a school-age child:
     (a) in years ending in an odd number, the child shall spend the following holidays with the noncustodial parent:
(i) Thanksgiving holiday beginning Wednesday until Sunday; and
(ii) Spring break, if applicable, beginning the last day of school before the holiday until the day before school resumes;
     (b) in years ending in an even number, the child shall spend the following holidays with the noncustodial parent:
(i) the entire winter school break period; and
(ii) the Fall school break beginning the last day of school before the holiday until the day before school resumes;
     (c) extended parent-time equal to 1/2 of the summer or off-track time for consecutive weeks. The children should be returned to the custodial home no later than seven days before school begins; however, this week shall be counted when determining the amount of parent-time to be divided between the parents for the summer or off-track period; and
     (d) one weekend per month, at the option and expense of the noncustodial parent.
(6) The noncustodial parent's monthly weekend entitlement is subject to the following restrictions.

     (a) If the noncustodial parent has not designated a specific weekend for parent-time, the noncustodial parent shall receive the last weekend of each month unless a holiday assigned to the custodial parent falls on that particular weekend. If a holiday assigned to the custodial parent falls on the last weekend of the month, the noncustodial parent shall be entitled to the next to the last weekend of the month.
     (b) If a noncustodial parent's extended parent-time or parent-time over a holiday extends into or through the first weekend of the next month, that weekend shall be considered the noncustodial parent's monthly weekend entitlement for that month.
     (c) If a child is out of school for teacher development days or snow days after the children begin the school year, or other days not included in the list of holidays in Subsection (5) and those days are contiguous with the noncustodial parent's monthly weekend parent-time, those days shall be included in the weekend parent-time.
(7) The custodial parent is entitled to all parent-time not specifically allocated to the noncustodial parent.
(8) In the event finances and distance preclude the exercise of minimum parent-time for the noncustodial parent during the school year, the court should consider awarding more time for the noncustodial parent during the summer time if it is in the best interests of the children.
(9) Upon the motion of any party, the court may order uninterrupted parent-time with the noncustodial parent for a minimum of 30 days during extended parent-time, unless the court finds it is not in the best interests of the child. If the court orders uninterrupted parent-time during a period not covered by this section, it shall specify in its order which parent is responsible for the child's travel expenses.
(10) Unless otherwise ordered by the court the relocating party shall be responsible for all the child's travel expenses relating to Subsections (5)(a) and (b) and 1/2 of the child's travel expenses relating to Subsection (5)(c), provided the noncustodial parent is current on all support obligations. If the noncustodial parent has been found in contempt for not being current on all support obligations, the noncustodial parent shall be responsible for all of the child's travel expenses under Subsection (5), unless the court rules otherwise. Reimbursement by either responsible party to the other for the child's travel expenses shall be made within 30 days of receipt of documents detailing those expenses.
(11) The court may apply this provision to any preexisting decree of divorce.
(12) Any action under this section may be set for an expedited hearing.
(13) A parent who fails to comply with the notice of relocation in Subsection (2) shall be in contempt of the court's order. 

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Utah code  30-4-4.   Restraining orders. Disposal of property.

     At the time of filing the complaint mentioned in Section 30-4-1, or at any time subsequent thereto, the plaintiff may procure from the court, and file with the county recorder of any county in the state in which the defendant may own real estate, an order enjoining and restraining the

defendant from disposing of or encumbering the same or any portion thereof, describing such real estate with reasonable certainty, and from the time of filing such order the property described therein shall be charged with a lien in favor of the plaintiff to the extent of any judgment which may be rendered in the action.

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Utah code 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 its avoidance or affirmance, but when one of the

parties was under the age of consent at the time of the marriage, the other party, being of proper age, shall have no such proceeding for that cause against the party under age. The judgment in the action shall either declare the marriage valid or annulled and shall be conclusive upon all persons concerned with the marriage.

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