Utah Divorce

Residency Requirement

The spouse filing the divorce case must have lived in Utah in the county where the divorce is filed for at least three months before filing for divorce.

Grounds For A Utah Divorce

In Utah, no-fault divorces can be granted when the spouses have irreconcilable differences and can no longer live together in marriage. Divorce may also be granted based on the following grounds:

• Impotency of the other spouse when the marriage began
• Adultery committed by the other spouse
• Willful desertion by the other spouse for more than one year
• Willful neglect of the other spouse to provide the family with the necessities of life
• Habitual drunkenness
• A felony conviction
• Physical or emotional abuse
• Incurable insanity
• When the spouses are legally separated and have not lived together for at least three years

How To Begin

To begin a Utah divorce case, the first documents must be filed in District Court or the Family Court Division of District Court. The first document filed is called a Petition for Divorce. The last document in the Utah divorce case is called the final Decree of Divorce.

With any Utah divorce there is a 90-day waiting period from the date you file for divorce until the final Decree of Divorce is granted by the District Court.

Dividing the Property

Utah divorce law requires that all of the marital property will be divided by the court in a way that the court thinks is equitable. However, this does not necessarily mean a 50/50 equal division to each party. The court will also divide all of the debts of the parties in a way that is similar to the way property is divided.

Alimony

The District Court can require that either spouse pay spousal support, called alimony, after considering the following factors:

• The financial condition and needs of each spouse
• The earning capacity of each spouse
• The ability of the spouse pay for spousal support
• The duration of the marriage
• Who has custody of the children
• Whether the spouse receiving alimony helped the other spouse in their education or career
• Any misconduct or fault of either spouse

Child Custody and Child Support

Utah divorce law required that both parties attend a course on the effects of divorce on children. The parties must also give the District Court proof of completion of this course.

The District Court must decide on the issue of child custody by examining the best interests of the child. The District Court can ask the children who they want to live with and can consider the children's wishes regarding custody or visitation. However, the children’s wishes do not control the court’s decision regarding custody and visitation.

Either or both spouses may be ordered to pay child support. The child support order will also decide who pays for the health insurance and education for the child. Utah divorce law requires that the parties file a financial affidavit detailing all of their income, assets, expenses, and debts, including child support obligations for other children from other relationships.

Utah child support guidelines state the amount of financial support presumed necessary to support the children. The District Court may refuse to follow the guidelines when the guidelines would be inappropriate under the circumstances. The District Court will consider the following factors when determining whether to deviate from the Utah child support guidelines:

• The standard of living of the parties
• The relative wealth and income of the parties
• The earning abilities of the parents
• The needs of the parents and child
• The ages of the parents and child
• Any other existing support obligation for others not produced by the marriage