Divorce Guide

Divorce Guide

Utah Divorce Rights

A spouse in order to file a petition for the dissolution of marriage in Utah has to fulfill some of the residency requirements of the state. If the court at any time discovers that the petitioner is falling short of the residency requirements of Utah divorce rights, it can dismiss the case. A petitioner has to be a resident of the state for at least three months. Utah divorce rights make it obligatory for the petitioner to wait for a period of 90 days after filing the divorce case.

Utah grounds for divorce

Any petition for the dissolution of marriage in the state of Utah should have sufficient grounds of filing the case. These cases have been enumerated in Utah divorce rights and have been divided into two categories. The fault ground category could be sought by a petitioner when irreconcilable differences have occurred between the spouses and when husband and the wife have been living separately for three continuous years.

There are other fault grounds where the issues of impotency, willful desertion, adultery, cruel and inhuman treatment, willful ignorance of the spouse, habitual drunkenness, conviction of felony and incurable sanity are discussed to seek the divorce. The spouse who initiates the divorce case is known as petitioner and the non filing spouse is known as respondent in Utah.

Utah property distribution in divorce

Utah divorce rights recognize Utah to be an equitable distribution state where the property of the couple is divided in an equitable and fair manner after the divorce. Equitable here does not mean an equal distribution of resources; it however means a fair distribution.

Cases where the two parties find themselves in situation where it is very difficult to reach to an agreement, Utah divorce rights make use of some of the factors which prove to be very helpful. When spouses fail to distribute the property and fail to resolve the issue of maintenance after divorce, the court decides the amount and duration of alimony award. Some of the factors which are taken into account by the court are the financial and earning capacity, ability of the payer, length of the marriage, child custody.

Counseling and mediation program is an important provision in Utah divorce rights which is utilized when the court considers that the differences between the two parties could be reconciled with the help of such program. All these efforts are made so as to preserve the holy institution of marriage.

Utah child custody

There are numerous divorce cases wherein a minor child is involved. Utah divorce rights make it mandatory that the physical and mental welfare of the child should be given primacy over all other issues. Factors such as length of marriage, physical and psychological needs of the child, relationship between the child and the parent, wishes of child, child abuse or spousal abuse history of parents, preferences of the child are considered while deciding on the issue of child custody.

The court in some cases can also allow for a joint custody of the child. All the decisions of the court are guided by the Utah child support guidelines which follow the income share model so as to calculate the child support.

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