Divorce Guide

Divorce Guide

Utah Divorce Court

In order to file for divorce in Utah divorce court, either of the spouses has to be a bona fide resident of the state. Like all divorce courts in United States discuss the issues related to divorce, the Utah divorce court too resolves the issues like child support, custody, and alimony and property division.

Legal Grounds for Divorce in Utah

  • Impotency of the respondent at the time of marriage and if adultery is committed by the respondent.
  • Willful desertion of the petitioner by the respondent for one or more years
  • Willful neglect of the respondent to provide the petitioner the common necessities of life.
  • Addiction to drugs and alcohol and cruel treatment of petitioner by respondent which had caused body injury and great mental stress to the petitioner.
  • Irreconcilable differences of marriage
  • Both the spouses have lived separately under a decree of separate maintenance for three consecutive years.

Documents Required for Filing Divorce

  • Marriage certificate and Residency proof
  • Marital settlement agreement and Affidavit regarding children
  • Affidavit of jurisdiction and grounds for divorce

The issues that are discussed in Utah divorce court are:

Property Division

Utah is known to be an equitable distribution state. Equitable means fairly and not on equal basis. In division of marital property, the contribution of each spouse in the property is considered. Marital property is the property which is acquired by both the parties when they were married.

The duration of marriage and the value of property assigned to each spouse are considered while dividing the assets. The age, occupation and health of both spouses and sources of income are considered in division of marital property.

Alimony/Spousal Support

Either of the spouses may be awarded alimony depending on the sources of income. Apart from this, the court considers the following factors in determining alimony:

  • The financial condition and needs of the recipient spouse and the recipientís ability to produce income and earning capacity.
  • The ability of the payer spouse to provide financial support and length of the marriage is considered.
  • Whether the recipient spouse has the custody of minor children who require financial support.
  • Whether the recipient spouse worked in a business operated or owned by the payer spouse.

Child Custody

The Utah divorce court considers child custody as the main motto of the case. They give higher priority for child custody. They see what suits best for the childís future and accordingly gives the custody to either parent. While determining the best interest of the child, the court considers the following factors:

  • Whether the physical and emotional needs and the factors responsible in development of the child will benefit from the joint or sole legal custody.
  • The ability of parents to give first priority to the welfare of the child and the contribution of both parents in raising the child are considered.
  • The past and present ability of both parents to cooperate with each other and make decisions for the future of the child is also considered. The maturity level of each spouses and their willingness to protect the child from the conflicts that may rise in future between the parents is measured.

These are the important factors that are discussed in Utah divorce court. Child custody is the main issue highlighted by this divorce court.

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