In Utah, when a divorce is contested—that is, when one spouse objects to the proposed terms and conditions of a divorce regarding alimony, child custody arrangements, visitation, and support and division of assets and liabilities – the couple must submit to at least one session of divorce mediation. Unless otherwise directed by the court or agreed to by the couples, the spouses share the cost of the mediator. If they cannot afford it, the couple may file a Divorce Mediation Program Income Survey stating they cannot afford mediation. If approved, the court appoints a specialist who works without charge.

The couples are encouraged to resolve their differences rather than rely on the court. For couples that cannot come to an agreement, it is possible to file for a waiver requesting that divorce mediation be eliminated. [Utah Code Annotated; 30-3-4, 30-3-11.5, 30-3-16.2, and 30-3-18].

If either or both spouses file a petition for conciliation with the court during the 90-day waiting period after initiating the divorce, the court may refer both spouses to a domestic relations counselor.

If the spouses have children, they must attend a course on the affects of divorce on children (although this may be waived by order of the court). The court does not issue a decree until both parties complete the course requirements and return a certificate of course completion to the court. The petitioner should complete the courses as soon as possible but no later than 60 days after filing; the respondent, no later than 30 days after being served.