State Of Utah Divorce Law

Utah Divorce Law Summary

Introduction

Utah’s divorce laws, like those in many states, heavily rely on the principle of “no-fault” divorce. This means you will not be required to prove fault or misconduct by your spouse to obtain a divorce.

Divorcing spouses can choose the legal process they wish to follow. They can choose to file under no-fault, or they can file for divorce based on fault.

The following divorce summary topics will serve as a good starting point for understanding the divorce laws in your state, as well as the importance of caring for your wellness throughout the divorce process:

• Residency Requirements
• Legal Separation
• Grounds For Divorce
• Property Distribution
• Alimony and Support
• Child Custody
• Child Support
• Mediation
• Divorce Wellness Tips

Residency Requirements

To file for a divorce in Utah, the petitioner or respondent must be a resident of the state and the county where the action is brought. For the court to establish jurisdiction over the matter, Utah requires you or your spouse to have resided in the state for at least three months before filing for divorce. 

Legal Separation

Legal separation is an alternative to divorce in Utah. However, unlike divorce, legal separation does not legally terminate the marriage.

In Utah, obtaining legal separation requires filing a petition with the court. The spouses must demonstrate to the court that their marriage is irretrievably broken. 

Legal separation allows couples to live separately while they resolve key issues such as child custody arrangements, property division, debt allocation, and financial support. 

If a couple decides to pursue a divorce after a period of legal separation, they can initiate divorce proceedings. The court will then typically incorporate their separation agreement(s) into the final divorce decree.

Grounds for Divorce – Based On Fault

While divorce in Utah is essentially based on no-fault principles, a party may base their dissolution on fault grounds.

The court may consider the following factors in fault-based divorce:

• Adultery committed by the respondent after marriage.
• Willful desertion of the petitioner by the respondent. 
• Willful neglect of a spouse to provide for common necessities of life.
• Habitual drunkenness of the respondent.
• Conviction of the respondent for a felony.
• Cruel treatment of the spouse, including bodily injury (domestic violence) or great mental distress. (Learn About Restraining Orders)
• Incurable insanity of the spouse.

Trouble Tip

Marital Misconduct Can Impact Alimony: While Utah is a “no-fault” state, the court may consider a spouse’s misconduct when determining alimony. For example, if one spouse’s adultery or drunkenness was a cause or significant factor of the divorce, the court can use its judicial discretion to adjust the alimony accordingly.

Property Distribution

Utah is an equitable distribution state, meaning that if the parties can’t agree, the marital property will be divided based on equitable principles of fairness.

Factors considered in equitable distribution include:

• Length of the marriage: Longer marriages often result in a more intertwined financial situation, potentially leading to a more even distribution.
• Financial circumstances of each spouse: This includes income, earning capacity, education, job skills, health, and financial needs.
• Contribution of each spouse to the marital estate: Both financial and non-financial contributions, such as homemaking, child-rearing, and supporting the other spouse’s career, are considered.
• Dissipation of marital assets: If one spouse wastes or depletes marital assets recklessly or for personal gain, the court might adjust the division to compensate the other spouse.
• Health and age of each spouse: The court might consider these factors, especially if one spouse has significant health needs or limited earning potential.
•  Debts and Liabilities of both spouses.

Alimony – Spousal Support

Either spouse may be awarded alimony, and the court may consider the parties’ fault in determining alimony. 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.

The court shall consider at least the following factors in determining alimony:

• The financial condition and needs of the recipient spouse.
• The recipient’s earning capacity or ability to produce income.
• The ability of the payor spouse to provide support.
• The length of the marriage.
• Whether the recipient spouse has custody of minor children requiring support.
• Whether the recipient spouse worked in a business owned or operated by the other spouse.
• Whether the recipient spouse directly contributed to an 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.

Child Custody

In every case, the court shall consider joint custody but may award any form of child custody that the court determines to be in the child’s best interest.

The court will consider the best interests of the child in determining custody based on the following factors: 

• The past conduct and demonstrated moral standards of each of the parties.
• Which parent is most likely to act in the child’s best interest, including allowing the child frequent and continuing contact with the noncustodial parent.
• The extent of bonding between a parent and child means the depth, quality, and nature of the relationship.
• Whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal or physical custody.
• The parent’s ability to prioritize the child’s welfare and reach shared decisions is in the child’s best interest.
• Whether each parent can encourage and accept a positive relationship between the child and the other parent, including the sharing of love, affection, and contact between the child and the other parent.
• Whether both parents participated in raising the child before the divorce.
• The geographical proximity of the homes of the parents.
• The preference of the child if the child is of sufficient age and capacity to reason to form an intelligent preference as to joint legal or physical custody.
• The parents’ maturity, willingness, and ability to protect the child from conflict that may arise between the parents.
• Should a conflict arise, the courts disfavor one spouse, badmouthing the other spouse to curry favor with the child. These actions can cause alienating the child from the other parent due to the fact it can psychologically damage the child.
• The past and present ability of the parents to cooperate and make decisions jointly.
• Any history of, or potential for, child abuse, spouse abuse, or kidnapping.

Child Support

Utah uses the Income Shares Model to calculate child support. In determining child support, the court will use both parents’ combined adjusted gross incomes and the number of children for whom support will be ordered.

Suppose physical custody of the child changes from that assumed in the original order. In that case, modification of the order is unnecessary, even if only one parent is specifically ordered to pay in the order.

The right of a child to support, health and medical provider expenses, medical insurance, and childcare are paramount to the court’s determinations.

Whenever a court enters an order for child support, it shall include in the order a provision for withholding income as a means of collecting child support.

Mediation

Divorcing spouses can choose mediation to resolve their differences, which is highly encouraged by the courts.

Listen To Utah Divorce Attorney Marco Brown Explain How Long Divorce Takes In Utah:

Divorce Wellness Tips

The Need To Prioritize Your Wellbeing

Beyond the legal and financial challenges, divorce can take a significant toll on your emotional and mental well-being.

 Wellness Tips to Consider:

Practice Self-Compassion: This is a time for self-care and compassion for yourself. Engage in activities that bring you joy and help manage stress, such as exercise, meditation, or spending time in nature.

Consider Professional Guidance: Don’t hesitate to seek support from therapists and counselors. Online support groups specializing in divorce and well-being can also be helpful.

Build a Support System: Lean on trusted friends, family members, or a therapist to provide emotional support and guidance.

Practice Mindful Communication: Practice emotional intelligence by communicating openly and honestly with your former spouse, especially regarding establishing a workable co-parenting plan to minimize conflict and prioritize the children’s wellbeing.

While this divorce summary provides you with a first step in learning about your state’s divorce law and process, it is not intended to be a substitute for obtaining the advice of an experienced local divorce lawyer who will understand your goals and evaluate the specific circumstances and legal issues your case presents.[/WellnessTip]

Utah Family & Domestic Relations Courts

There are 70 full-time district judges serving in the state’s eight judicial districts.

• District Courts

Sources and References

Utah Divorced Moms

Ascent Law Firm

Orem UT Family Law Attorney | Jeremy Eveland.

The Brown Family Law Firm

Utah Divorce and Family Law

Utah Divorce Law Property Division

Utah Divorce Alimony Law

Cornell Law Information Institute

Family Law UT Help Resources

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