Divorce in Utah

Residency Requirements and Grounds for Divorce

Residency Requirements and Grounds for Divorce

Either you or your spouse must be a resident of Utah and a resident of the county where the divorce is filed, or a member of the Armed Forces stationed in Utah, for at least three months immediately prior to filing for a divorce. Also, there is a 90-day waiting period after you file for a divorce before you will be granted a divorce. The legal process begins when one spouse files a complaint for divorce in the appropriate district court.

You may be granted a divorce based on the following no-fault grounds:

Irreconcilable differences of the marriage
Living separate and apart without cohabitation for three years under a judicial decree of separation

You may also be granted a divorce based on the following grounds:

Impotence
Adultery
Conviction of a felony
Willful desertion for one year
Willful neglect by not providing for common necessaries of life
Habitual drunkenness
Conviction of a felony
Cruel and inhuman treatment
Incurable insanity

Dividing the Property

Utah is an "equitable distribution" state, which means that all of each spouse's property will be divided equitably by the court. The court will determine which spouse is responsible for the payment of joint debts, obligations or liabilities of the spouses that were contracted or incurred during marriage.

It is important to collect all the information you can about all your property, including when you purchased it, approximately how much it is worth and details such as account numbers, serial numbers and so forth. Collecting this information before you see a Utah divorce lawyer can save you a lot of time and money.

Alimony

The court can order alimony to either party in Utah. In deciding whether to award alimony, the court will generally consider such factors as:

Financial condition and needs of the recipient spouse
Recipient's earning capacity and ability to produce income
Ability of the paying spouse to provide support
Length of the marriage
Whether recipient spouse has custody of minor children requiring support
Whether recipient spouse worked in a business owned or operated by the payor spouse
Whether 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
Any marital fault of the spouses
Standard of living at time of separation
Whether one spouse's earning capacity has been greatly enhanced by the efforts of the other spouse
Other relevant factors

Generally, the court will not award alimony for a period that is longer than the marriage existed. Alimony automatically terminates upon remarriage or death of the recipient former spouse. An order for alimony also terminates when the payor spouse establishes that the recipient spouse is cohabitating with another person.

Child Custody and Visitation

In Utah, the court may order joint or sole child custody, which is determined based upon the best interests of the child after the following factors are considered:

Past conduct and moral standards of the parents
Which parent is likely to act in the best interest of the child
Which parent is most likely to allow frequent and continuing contact with the noncustodial parent
Whether the physical, psychological and emotional needs and development of the child will benefit from joint legal or physical custody
Ability of parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest
Whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent
Whether both parents participated in raising the child before divorce
Geographical proximity of homes of parents
Preference of the child if the child is mature enough to form an intelligent preference
Maturity of parents
Past and present ability of parents to cooperate with each other
Any history of child or spouse abuse
Any other relevant factors

Utah has advisory visitation guidelines. The court also considers the best interest of the child when determining parent-time rights of parents and visitation rights of grandparents and other members of the immediate family.

Child Support

In Utah, either parent or both parents may be ordered to provide child support, including medical and dental expenses and health insurance. The court may order the non-custodial parent to provide child care while the custodial parent is at work or training. Utah has official child support guidelines, which are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances of the case.

The court will look at the following factors when considering whether or not to award a support amount that is outside of the guidelines:

Standard of living and situation of the parents
Relative wealth and income of the parents
Earning abilities of the parents
Needs of the parents and the child
Ages of the parents and the child
Responsibilities of the parents for the support of others

Child support may be modified if there is a substantial change of circumstances.

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