Currently, Utah State Law requires anyone seeking to obtain a divorce to attend a divorce orientation course if they have any minor children.  The petitioner in the divorce is required to attend the course within 60 days after filing a petition for divorce.  The respondent is required to attend the class within 30 days of being served with the divorce petition.  Utah Code § 30-3-11.4 details the entire law governing the divorce orientation course requirements.  While the law uses the forceful language that a parent “shall” attend the course within a certain time frame, the reality is that many people take the course later on in the divorce proceedings.  The Utah State Legislature recently passed a law in hopes of giving more incentives to individuals to take the class early in the litigation process.

Divorce Orientation Course Changes

Although the time frames to take the class have not changed, the new mandatory orientation class must now be taken by a person seeking temporary orders before the temporary orders hearing can be heard.  This means that if a person wants the court to enter orders temporarily, that is to say until the divorce is actually final, that individual must first attend the divorce orientation class.  A person can still get emergency orders entered pursuant to Rule 65 of the Utah Rules of Civil Procedure before taking the class, but emergency orders are much more difficult to obtain than regular temporary orders.

The new law also allows an individual to attend the course through an online provider.  This allows more availability to take the class, because it was previously only offered through live instruction, or DVDs if a person was out of state or incarcerated.  Additionally, if someone takes the class within 30 days of either filing or being served the petition, he or she cannot be charged more than $15 to take the course.  The new law goes into effect July 1, 2014.

Questions? We Have Answers

If you have questions about the orientation course and are looking to hire a divorce lawyer, contact a divorce lawyer from Provo by calling 801.800.8247.  We can answer your questions about the mandatory divorce classes and help you through the confusing process of divorce.

The post Changes to Law for Utah Mandatory Divorce Orientation Class appeared first on Provo Divorce Lawyers | Utah Family Law Attorneys.

In order to be granted a divorce in Provo, a person must satisfy certain requirements.  There are many legal requirements such as residing in Utah County for three months, waiting 90 days after a divorce is filed, and attending mediation before having a judge decide the contested issues of the divorce.  One requirement unique in Utah is the requirement that all divorcing persons with children must attend a divorce orientation class.  This class is intended to inform those divorcing how the legal process works, the implications of divorce, and the availability of other options.  Currently, the class is supposed to be taken within 60 days of filing for divorce.  If Rep. Jim Nielson has his way, however, this class will have to be taken before a divorce can even be filed.  Some Utah divorce lawyers in Provo, Orem, Heber, and the surrounding areas are opposed to the proposed changes.

The Problem of the Divorce Orientation Changes

Provo, Orem, and Heber divorce lawyers are opposed to the proposed change because it places another burden on individuals seeking a divorce.  The class itself seems unnecessary but to have it required before a divorce can even be filed places an unnecessary burden on individuals in Utah, Wasatch, and surrounding counties.  People often need temporary orders issued quickly in a divorce because of abuse or neglect of a spouse.  Requiring individuals to first take the divorce orientation class before a divorce can be filed delays needed help from the court.

The Administrative Office of the Courts also expressed concern that the change in timing could affect people’s access to the courts.  Rep. Nielson’s proposal is an unnecessary intrusion into the divorce process.  At this point the proposal is not yet a proposed bill.  Hopefully many people and divorce lawyers will speak up and inform Rep. Nielson that his proposal is not a good idea.

Contact a Lawyer in Provo Today

If you or someone you know is thinking of filing for divorce in Utah County Wasatch County, or any other county in Utah, contact a Provo Divorce Lawyer today.  A Provo Divorce Lawyer will walk a person through each step of the process, including the divorce orientation class.  Call 801.800.8247 to speak with a lawyer today.

The post Possible Divorce Orientation Class Changes Coming in Utah appeared first on Provo Divorce Lawyers | Utah Family Law Attorneys.