Utah divorce law synopsis
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Divorce Laws differ in all 50 states, as well as the “territories and commonwealths” that are part of the United States. If you will be filing for divorce, it is important that you know some of the state divorce laws and regulations in the state you may thinking about filing your divorce petition in. After reading the divorce laws of the state you are thinking you might be filing your divorce petition in, you may find that it may be in your best interests to speak to a good divorce lawyer, who will be there to help you in ironing out anything that may be unclear in the divorce laws.
Divorce can be a painful process, finding a good divorce lawyer should not be. We at Good Divorce Lawyers are here to help!
If you are thinking about filing a Utah divorce proceeding, this is a brief description of some of the divorce laws, rules, regulations and issues your divorce case may face.
A Utah Petition for Divorce can be filed in District Court after 3 months residency in the state.
Utah Grounds for Divorce
Utah permits divorces to be filed on both fault-based and no-fault grounds.
Uncontested Divorce in Utah
In an uncontested divorce in Utah, a hearing may be held before a court commissioner rather than in District Court before a judge. However, Utah does not allow default judgements. Every divorce proceeding must include legal evidence and testimony. However, when one of the parties does not respond to the petition for divorce, the evidence can be submitted via waiver.
Contested Divorce in Utah
Even though an uncontested divorce requires much the same procedures as a contested divorce, the areas under dispute must either be resolved by negotiation with the parties’ lawyers, or ordered by the judge. However, providing the court with the necessary information through discovery can take additional time and money, although it can be facilitated by a divorce attorney.
Annulment in Utah
When someone is in an illegal marriage, they can have that marriage declared void through the annulment process in Utah. This is a rare action, because it is difficult to prove. However, the grounds, if they can be proved, include:
- Fraud and duress
- Mental illness
- Bigamy
- Impotency
- Consanguinity, or marriage to a blood relative
No Fault Divorce in Utah
In Utah, a no-fault divorce can be granted based on these grounds:
- Irreconcilable differences
- Living separate and apart for 3 years or more without cohabitation
Utah Fault Divorce
A fault-based divorce is based on one or more of the following grounds:
- Impotence at the time of the marriage
- Adultery
- Wilful desertion for 1 year or more
- Wilful neglect
- Habitual drunkenness
- Felony conviction
- Cruelty, resulting in bodily injury or mental distress
- Incurable insanity
Utah Divorce and Child Custody
Child Custody Laws
When there are children in a divorce, the court may have to decide custody. In Utah, they generally do so based on these considerations:
- The child’s emotional, physical, and psychological needs and development
- The parents’ ability to put the child first and share the decision-making responsibilities for the best interests of the child
- The parents’ ability to encourage and facilitate the child’s relationship with the other parent
- The parents’ involvement in the child’s development before the divorce
- The parents’ proximity to each other
- The child’s wishes, depending on their age and maturity
- The parents’ maturity and their willingness and ability to protect the children from any conflicts between them
- Any evidence of child or spousal abuse, or the potential for kidnapping
Child Alimony (Utah Child Support)
In determining child support payments, the Utah courts generally consider both parents equally. They often include medical and dental expenses and health insurance as part of the support requirements, as well as the need for the noncustodial parent to provide childcare support during the custodial parents work hours. The state uses official Child Support Guidelines to calculate support amounts. However, there may be exceptions, which cause those guidelines to be adjusted, including:
- The parents’ standard of living
- The parents’ relative wealth, income, and earning power
- The needs of the parents and child
- The age of the parents and child
- Other support responsibilities of the parents
Utah Divorce Spousal Support
When Utah courts consider spousal support orders, they usually include these factors:
- The dependent party’s financial condition and needs
- The dependent party’s earning capacity
- The supporting party’s ability to pay
- The length of the marriage
- The dependent party’s child support responsibilities
- Whether the dependent spouse worked in a business owned or operated by the payer
- Whether the dependent spouse contributed to the earning ability or capacity of the payer
Lump Sum Alimony
Determined at the discretion of the court.
Permanent Alimony
Determined at the discretion of the court.
Temporary Spousal Support
Determined at the discretion of the court.
Rehabilitative Alimony
Determined at the discretion of the court
Military Divorce in Utah
Spouses in the military are protected by Utah law in several ways:
- Divorce papers must be service to the recipient personally
- If those papers cannot be served personally, the serviceperson cannot be charged with default for failing to respond to a divorce action
- Proceedings may be postponed throughout the party’s service and up to 60 days after
- Direct payment of retirement pay is provided to spouses married 10 years or longer
- Child support is not to exceed 60% of serviceperson’s pay and allowances
Help From a Utah Divorce Lawyer
In an emotionally charged divorce proceeding, especially if there are disputes over property, support, and child custody, it can be vital to have an experienced legal advisor involved to provide informed but unbiased guidance and help protect their rights.