State Codes and Statutes
Statutes > Utah > Title-30 > Chapter-03 > 30-3-430-3-4. Pleadings -- Decree -- Use of affidavit -- Private records.
(1) (a) The complaint shall be in writing and signed by the petitioner or petitioner'sattorney.
(b) A decree of divorce may not be granted upon default or otherwise except upon legalevidence taken in the cause. If the decree is to be entered upon the default of the respondent,evidence to support the decree may be submitted upon the affidavit of the petitioner with theapproval of the court.
(c) If the petitioner and the respondent have a child or children, a decree of divorce maynot be granted until both parties have attended the mandatory course described in Section30-3-11.3, and have presented a certificate of course completion to the court. The court maywaive this requirement, on its own motion or on the motion of one of the parties, if it determinescourse attendance and completion are not necessary, appropriate, feasible, or in the best interestof the parties.
(d) All hearings and trials for divorce shall be held before the court or the courtcommissioner as provided by Section 78A-5-107 and rules of the Judicial Council. The court orthe commissioner in all divorce cases shall enter the decree upon the evidence or, in the case of adecree after default of the respondent, upon the petitioner's affidavit.
(2) (a) A party to an action brought under this title or to an action under Title 78B,Chapter 12, Utah Child Support Act, Title 78B, Chapter 13, Utah Uniform Child CustodyJurisdiction and Enforcement Act, Title 78B, Chapter 14, Uniform Interstate Family Support Act,Title 78B, Chapter 15, Utah Uniform Parentage Act, or to an action to modify or enforce ajudgment in the action may file a motion to have the file other than the final judgment, order, ordecree classified as private.
(b) If the court finds that there are substantial interests favoring restricting access thatclearly outweigh the interests favoring access, the court may classify the file, or any part thereofother than the final order, judgment, or decree, as private. An order classifying part of the file asprivate does not apply to subsequent filings.
(c) The record is private until the judge determines it is possible to release the recordwithout prejudice to the interests that justified the closure. Any interested person may petitionthe court to permit access to a record classified as private under this section. The petition shallbe served on the parties to the closure order.
Amended by Chapter 3, 2008 General Session
