Utah Divorce Information and FAQ
Utah law provides permits no-fault divorces to be granted based upon
irreconcilable differences between the parties, and also grants divorces
based upon the following:
1. Impotency of the respondent at the time the marriage was contracted;
2. Adultery committed by the respondent; 3. Willful desertion of the
petitioner by the respondent for a period of more than one year; 4.
Willful neglect of the respondent to provide the petitioner with the
common necessities of life; 5. Habitual drunkenness of the respondent; 6.
A felony conviction of the respondent; 7. Cruel and inhumane treatment of
the petitioner causing bodily injury or great mental distress; 8.
Incurable insanity, or; 9. When husband and wife have lived separately
under a decree of separate maintenance of any state for three consecutive
years without cohabitation. UCA 30-3-1
Residency Requirements The party filing the divorce action must have
been a resident of the State of Utah and a resident of the county where
the divorce is filed for at least three months prior to the filing of
divorce. UCA 30-3-1 Name of court and title of action/parties Divorce
actions are filed and heard in District Court, although some in some areas
a Family Court Division of District Court has been created specifically to
hear such matters. The title of the action initiating the divorce
proceeding is a Petition for Divorce, while the title of the action
granting the divorce is referred to as the Decree of Divorce. The party
filing the action is the Petitioner, while the other party to the action
is referred to as the Respondent.
Waiting Period In Utah, there is a waiting period of ninety (90) days
after the filing of the divorce action before a Decree of Divorce will be
granted. UCA 30-3-18
Mediation or Counseling Requirement Upon request of either or both
parties, the court may refer either or both of the parties to a domestic
relations Counselor. If there child custody is involved in the divorce
action, both parties must attend a course on the effects of divorce on
children and provide the court with proof of completion unless the
requirement is waived by the court. UCA 30-3-4 Property Distribution Utah
courts recognize the principles of equitable distribution, in that all of
the parties' property will be divided by the court in a manner that the
court determines is equitable to each party. UCA 30-3-5
Alimony The court may order either party to pay the other alimony after
consideration of the following factors: 1. The financial condition and
needs of the recipient spouse; 2. The recipient's earning capacity or
ability to produce income; 3. The ability of the payor spouse to provide
support; 4. The length of the marriage; 5. Whether the recipient spouse
has custody of minor children requiring support; 6. Whether the recipient
spouse worked in a business owned or operated by the payor spouse; 7.
Whether the 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, and 8.
The court may consider the fault of the parties in determining alimony.
As a general rule, the court should look to the standard of living,
existing at the time of separation, in determining alimony. However, the
court shall consider all relevant facts and equitable principles and may,
in its discretion, base alimony on the standard of living that existed at
the time of trial. In marriages of short duration, when no children have
been conceived or born during the marriage, the court may consider the
standard of living that existed at the time of the marriage. UCA 30-3-5
Child custody In determining custody, the court shall consider the best
interests of the child and the past conduct and demonstrated moral
standards of each of the parties. The court may inquire of the children
and take into consideration the children's desires regarding future
custody or visitation schedules, but the expressed desires are not
controlling and the court may determine the children's custody or
visitation otherwise. In awarding custody, the court shall consider, among
other factors the court finds relevant, which parent is most likely to act
in the best interests of the child, including allowing the child frequent
and continuing contact with the noncustodial parent as the court finds
appropriate. 30-3-10. Child support Either or both spouses may be ordered
to pay child support. The child support order will also contain provisions
relating to the medical insurance or expenses of the child. The parties
are required to file a financial affidavit. Utah has enacted child support
guidelines which establish the amount of support which is presumed
correct. The court may deviate from the guidelines upon a showing that the
application of the guidelines would be unjust or inappropriate under the
particular circumstances of the case. Factors the court will consider when
determining whether deviation from the guidelines is warranted include:
1. The standard of living of the parties; 2. The relative wealth and
income of the parties; 3. The earning abilities of the parents; 4. The
needs of the parents and child; 5. The ages of the parents and child; 6.
Any other existing support obligation for others not of the marriage.
30-3-5
Restoration of Prior Name Although there is no statutory provision for
the restoration of a wife's maiden name upon divorce, there is a general
statutory provision which permits such a change upon petition to the
court. UCA 42-1-1
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