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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