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Divorce Residency Essentials to Get Divorce in Utah

The spouse filing for divorce must have been a resi­dent of Utah (or a member of the Armed Forces stationed in Utah) and a resident for more than three months immediately prior to filing of the county where the divorce is filed. In addition, there is a 90-day waiting period after filing before a divorce will be granted. [Utah Code Annotated; Sections 30-3-1 and 30-3-18].

Reasons for Divorce in Utah

There are mainly two reasons of divorce in Utah those are fault and general.In order to file for divorce in Utah, the proper grounds must be established. Both spouses are involved in establishing these grounds, and both must substantiate and agree upon these, unless the divorcing spouse is trying to prove otherwise to the court.

No-fault grounds for a divorce in Utahinclude:

• Irreconcilable differences of the marriage or
• Living separate and apart without cohabitation for three years under a judicial decree of separation. [Utah Code An­notated; Section 30-3-1].

General reasons fordivorce in Utahinclude:

• Impotence;
• Adultery;
• Conviction of a felony;
• Willful desertion for one year;
• Cruel and inhuman treatment;
• Willful neglect;
• Incurable insanity; and
• Habitual intemperance (drunkenness). [Utah Code Annotated; Section 30-3-1].

Custody of the Children in Utah

Joint or sole child custody is determined according to the best interests of the child and after a consideration of the following factors:

• The past conduct and moral standards of the parents;
• The welfare of the child;
• The child’s preference;
• Which parent is likely to act in the best interests of the child; and
• Which parent is likely to allow frequent and continuing contact with the other parent.

If there is an allegation of child abuse by either spouse, the court must order an investigation by the Division of Family Services or the Utah Department of Human Services.

Joint custody may be ordered if:

• It will be in the best interests of the child and
• Both parents agree to joint custody; or
• Both parents filed a parenting plan for joint custody; and it is based upon a consideration of the following factors:
  • Whether the physical, psychological, or emotional needs and development of the child will benefit;
  • The ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child’s best interests;
  • Whether each parent can encourage and accept a positive relationship between the child and the other parent;
  • Whether both parents participated in child-rearing before the filing of the divorce;
  • The geographical proximity of the homes of the parents;
  • If the child is of sufficient age and maturity, the preference of the child;
  • The maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents;
  • Spousal or child abuse;
  • Ability to cooperate; and
  • Any other factor that the court finds relevant.

The court may not discriminate against a parent with a disability when considering custody issues. The court may order that dispute resolution be attempted prior to any enforcement or modification of custody terms. There are also advisory visitation guidelines in the statutes. [Utah Code Annotated; Sections 30-2-10, 30-3-5, 30-3-5.2, 30-3-10, 30-3-10.1, 30-3-10.2, 30-3-10.3, and 30-3-33].

Property Distribution in Utah

Utah is an “equitable distribution” state. All of the spouse’s property, includ­ing gifts, inheritances, and any property acquired prior to or during the marriage, will be divided equitably by the court. There are no factors for consideration specified in the statute. [Utah Code Annotated; Sections 30-3-5 and 30-3-12].

Utah Spousal Support Guidelines

Either spouse may be ordered to pay an equitable amount of alimony to the other. The following factors are to be considered:

• The financial condition and needs of the recipient spouse;
• The recipient’s earning capacity and ability to produce income;
• The ability of the paying spouse to provide support;
• The length of the marriage;
• The standard of living at the time of separation;
• Any marital fault of the spouses;
• If the marriage has been of long duration and the marriage dissolves on the threshold of a major change in the income of one of the spouses;
• If one spouse’s earning capacity or education has been greatly enhanced by the other’s efforts;

and

• Whether spouse has custody of any children;
• Whether spouse worked in a business operated and/or owned by the other spouse; and
• Any other relevant factors.

In general, the court will not award alimony for a period longer than the marriage existed. Alimony terminates upon remarriage or cohabitation with another person. [Utah Code Annotated; Sections 30-3-3 and 30-3-5].

Utah Child Support Guidelines

Either or both parents may be ordered to provide child support, including medical and dental expenses and health insurance. The court may also order the non-custodial parent to provide daycare and childcare expenses while the custodial parent is at work or undergoing training. Income withholding may be ordered by a court to guarantee any child support payments. There are official Child Support Guidelines. These guidelines are presumed to be correct unless there is a showing that the amount would be unjust or inappropriate under the particular circumstances in a case. Factors for consideration in awarding support amounts outside the guidelines are:

• The standard of living and situation of the parties;
• The relative wealth and income of the parties;
• The earning abilities of the parents;
• The needs of the parents and the child;
• The ages of the parents and the child; and
• The responsibilities of the parents for the support of others.

A child support worksheet is contained in the statute. In addition, a financial verification form is also required. [Utah Code Annotated; Sections 30-3-5, 30-3-5.1, and 78-45-7 to 78-45-7.5].

Divorce Mediation

There is a 90-day waiting period after filing for divorce before any hearing may be held. Upon the request of either or both of the spouses (shown by filing a Petition for Conciliation with the court), the court may refer both of the spouses to a domestic relations counselor. If child custody is involved, both parents must attend a course in the effects of divorce on children. This requirement may be waived if the court determines that it is unnecessary. [Utah Code Annotated; Sections 30-3-4, 30-3-11.5, 30-3-16.2, and 30-3-18].

Important note regarding what what we offer in the State of Utah

In the State of Utah, our service consists of access to our on line system to ultimately create a Marital Settlement Agreement ("MSA") in exchange for a pre determined fee. Should you elect to pay us said fee to create a MSA, then as a courtesy for you (at no fee) we will prepare the uncontested divorce forms utilizing the self help website established by the State of Utahfor those people filing for divorce in Utah on an in pro per basis.  Furthermore, please note that the State of Utah will charge you a $20.00 fee at the time of filing of completed your divorce forms.