Divorce Guide

Divorce Guide

Getting a Divorce in Utah

A divorce ends a marriage and all the legal relation between the couple, except those specified in the divorce decree. These include things such as parenting arrangements, child and spousal support, division of property and payment of debts. Irreconcilable differences are the main grounds for getting a divorce in Utah on no-fault base.

Grounds for Divorce

You could be granted a divorce in Utah based on the following no-fault grounds of irreconcilable differences or if you have legally separated and haven’t lived together for three years. Other grounds for divorce include:

  • Impotency and adultery
  • Conviction of a crime
  • Habitual drunkenness
  • Willful desertion for a year
  • Willful neglect by not providing the common necessities of life
  • Cruel and inhuman treatment
  • Incurable insanity

Residency Requirements

You or your spouse must be a resident of Utah for 3 months prior to filing for divorce. Along with this, you also need 3 months of residency in the county where you are planning to file for divorce. A divorce case begins when a spouse files a complaint in the district court.

There is a 90 day waiting period in between when you file for divorce and the court granting it.

Division of Property

As Utah is an ‘equitable distribution state, all of each spouse’s property is divided equally by the court. This division of property is based on the capacity of the responsible spouse for the payment of joint debts, obligations or liabilities of the spouses arising during the marriage.

Always be ready with all the information on your property, including the time of purchase, its estimate value and related details such as your bank account numbers, etc. This would help you when you hire a lawyer for getting a divorce in Utah to fight your case and could save you a lot of time and money.

Child Custody and Visitation

The court awards child custody and visitation very carefully. It takes into account the best interest of the child while looking at some of the following factors:

  • Moral standards and past conduct of the parents
  • Ability of the parents to give utmost importance to their child first and act in his/her best interest.
  • Preference of the child if he/she is matured enough
  • Whether both parents raised their child together before divorce

Utah comprises advisory visitation guidelines. Best interests of the child are taken into account by the court when determining parental and visitation rights.

Spousal Support

The court can order spousal support also called alimony to you or your spouse. Factors considered by the court while awarding alimony are as follows:

  1. Financial condition and needs of the respondent (recipient) spouse
  2. Recipient’s earning capacity
  3. Ability of the paying (plaintiff) spouse to provide support
  4. Duration of marriage
  5. Standard of living at the time of separation
  6. Whether the recipient spouse has custody of any minor children requiring support.

All the above points, along with child support are very important and play a crucial role in the outcome of your case while getting a divorce in Utah.

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