Utah divorce laws
Utah divorce laws are fairly similar to standard laws around the country for the most part, and there are not many points which are peculiar to Utah alone. This article will go through the most important aspects of Utah divorce one by one, covering the residency requirements first, following by the grounds for divorce in Utah and the guidelines used to determining child custody and child support payments, as well as spousal support and the division of property.
To qualify to apply for divorce in Utah, you must first meet the state residency requirements. You can’t file for divorce in Utah unless you or your spouse is a legal resident of the state and the country in which you file for at least three months prior to proceedings. This also covers military personnel who are stationed in Utah for three months or more.
If you wish to speed up the process, there is also an educational course for parents going through a divorce in Utah – if you and your spouse have already passed through the course, the residency period of three months does not apply to you.
Utah Grounds for Divorce
You can file for divorce in Utah on No Fault grounds if you and your spouse are experiencing difficulties that simply cannot be resolved. You can also file on a No Fault basis if you have a separation decree from a court in any state and have been separated for more than three years.
If you are filing for divorce based on a fault in the marriage, these are the legitimate options. If your spouse was impotent at the time your got married, you can file for divorce based on this. A sexual act performed with someone outside the marriage (adultery) is also a grounds for divorce.
Habitual drunkenness and conviction for a felony constitute two more grounds on which a divorce can be filed under Utah divorce laws. Cruel treatment is another grounds, which can include acts that cause physical harm to a spouse or mental damage through emotional abuse or bullying.
If one spouse abandons the other for a period of a year or more with no intention of return, this is also grounds for divorce – otherwise known as wilful desertion. Wilful neglect is another grounds, which constitutes the failure of one spouse to provides the essentials of life for the other.
The last grounds for divorce included under Utah law is incurable insanity, as defined by psychiatric professionals.
Child Custody and Visitation
Who will gain custody of the children of a marriage, when the parents can’t resolve this on their own, will be determined by the court based on several factors. The court will try to determine whether it is better for a child’s wellbeing to be under joint or shared custody, or the sole custody of one parent. Visitations rights in this case will also be determined on the best interests of the child, taking each parent’s disposition and past behaviour into account.
Utah divorce laws also takes into account whether a parent has made a statement indicating they do not want custody of a child or children.
Utah Division of Property
The division of property after a Utah divorce can be settled between the spouses in mediation or decided by the court. The court will examine the circumstances of each spouse and decide on what appears to be a fair property distribution under the law. Note that what you consider fair may not be the court’s idea of fair. Your contribution to acquiring property does not necessarily entitle you to more. The decision is based on factors of fairness such as who will be the main custodian of the children from the marriage, how much money each spouse earns, and the education levels and career prospects of each spouse.
Child Support and Alimony Payments
The need for child support payments by one spouse to the primary custodian of the children is determined by the court, and the amount to be paid is calculated using a system called the Income Shares Model. The court also applies general guidelines to make sure the ruling is fair, examining the relative income and property of each parent and examining the effect that taking care of child has on the custodian parent’s ability to earn, amongst other things.
Alimony, or spousal support, is not always ordered if both spouses come out of the divorce in a similar situation financially and materially. However, if there is a large financial disparity between spouses following the divorce, the spouse who is better off may be required to pay alimony, especially if the marriage was long. For short marriages, the court may decide there is no entitlement to alimony.
