Divorce Guide

Divorce Guide

Utah No Fault Divorce

According to Utah no fault divorce laws, one can obtain divorce in the state of Utah on the basis of no fault divorce, meaning that in order to get divorce on ended not establish the faults or wrong doings of the other spouse. If a spouse files for divorce and the other spouse refuses to give it, then too the divorce would be granted. A spouse simply has to state in petition that the marriage has “irretrievably broken down” owing to “irreconcilable differences” or “incompatibility.

The other grounds on which the divorce can be granted are the fault grounds, such as willful desertion, impotency, adultery, habitual drunkenness, conviction of felony etc.

Residential requirements in Utah no fault divorce

In order to get the divorce on no-fault grounds, one need to be a bonafide resident of that’s state. He/she also must be bonafide resident of the county from which the divorce has been filed.

Filing Utah no fault divorce

According to Utah no fault divorce laws, one can file for divorce from the county whose bonafide resident he/she is. The waiting period of divorce is 90 days. This is the time period that the judge gives the couple to reconcile or “cool off”. In case the divorce mater still persists, in uncontested no fault divorce, the hearing date would be the 91st day of filing of the divorce papers. In case, there are no children involved in the marriage then the divorce would be granted without the waiting period also in some occasions. In such cases, it is mandatory for the couples to have attended the divorce educational counseling cases.

Child custody in UT no-fault divorce

In most of Utah no fault divorce cases, the parents attempt to settle the matter of child custody and visitations among themselves “outside the court”. This is to reduce the trauma of court contesting regarding child custody. Moreover, it is more economical to have custody settlement among the parents. Most of the parents participate in child custody mediation which helps them to put their disputes aside and focus on how best to provide to parenting to the child after divorcing the spouse. The no fault divorce laws in Utah also specify that the spouses need to attend a divorce counseling progamme which deals with the impact of divorce on the child.

In cases, differences regarding custody and visitations persist among the parents, then the courts would intervene. While awarding custody of eh child, judges would try to follow Utah child custody guidelines keeping the best interests of the child in mind. Safety and welfare of the child are the other important matters that the judges would be considering in custody cases.

Property division in Utah no fault divorce

Utah is an “equitable property division” state. While dividing the property among the spouses after divorce judges would look into the “marital property” which is the property that the spouses had earned during the course of the marriage. Judges would divide the property fairly and justifiably depending on the needs of the spouses, their ages and health, employability in the market etc. In case, a spouse is financially weaker and has higher financial needs then the “separate property” or individual property of the other spouse (which was acquired before the marriage or inherited as a gift etc) would be divided to ensure that the lifestyle of the that spouse is not affected by the divorce.

In most of UT no fault cases, spouses try to divide the property among themselves “outside the court”. In case, they fail to arrive at a consensus, then the court would intervene.

Alimony in Utah no fault divorce

Alimony or spousal support is awarded to the financially weaker spouse or the “innocent one” in case the fault ground of marriage was discussed in the court. Generally, alimony is not awarded more than the actual period of marriage according to UT no-fault divorce laws.

Court intervention is more visible in fault divorce cases than no fault ones. Most of the spouses wish to file for “no-fault” grounds only to save time and money and also avoid mental harassment to prove the fault of the other spouse in the court trial. “Fault” grounds may be claimed if the spouse is sure to have an edge over the other spouse over the matter of child custody or property division or alimony.

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