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Order
Your Utah Divorce Package Now $99.94
Utah
Divorce Laws
Once your order has been
received it will be forwarded to the Utah paralegal who will be
assigned to your case for the duration of the process. Your assigned
paralegal will answer any questions that you have and process your
documents.
Our Utah Paralegals are
specifically trained in Utah divorce procedures and will assist
you in getting the fastest, easiest, and most affordable divorce
available.
We include all forms
needed for an Utah divorce.
RESIDENCY
REQUIREMENTS AND WHERE TO FILE: Either spouse must have been
resident of Utah (or a member of the Armed Forces stationed in Utah)
and a resident of the county where the divorce is filed for more
than 3 months immediately prior to filing. 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].
LEGAL
GROUNDS FOR DIVORCE: No-Fault: (1) irreconcilable differences
of the marriage; or (2) living separate and apart without cohabitation
for 3 years under a judicial decree of separation. [Utah Code Annotated;
Section 30-3-1]. General: (1) impotence; (2) adultery; (3) conviction
of a felony; (4) willful desertion for 1 year; (5) cruel and inhuman
treatment; (6) willful neglect; (7) incurable insanity; and (8)
habitual intemperance (drunkenness). [Utah Code Annotated; Section
30-3-1].
LEGAL
SEPARATION: The grounds for legal separation are: (1) willful
desertion; (2) living separate and apart without cohabitation; and
(3) gross neglect. The deserting spouse must be a resident of Utah,
or own property in the state which the deserted spouse lives in.
[Utah Code Annotated; Section 30-4-1].
SIMPLIFIED
OR SPECIAL DIVORCE PROCEDURES: Uncontested divorce hearings
may be held before a court commissioner. However, a divorce can
not be granted upon default, and legal evidence and testimony must
be taken in every divorce case. However, in a default case, the
evidence may be contained in an affidavit of the petitioner. In
addition, a sample Petition for Divorce is contained in Utah Rules
of Civil Procedure, Appendix of Forms, Form #18. Finally, a financial
verification form is also required in child support cases. [Utah
Code Annotated; Sections 30-3-4, 30-3-4.2, 78-3-3.1, and 78-45-7.5(5),
Utah Rules of Civil Procedure, Appendix of Forms, and the Utah Rules
of the Judicial Council].
MEDIATION
OR COUNSELING REQUIREMENTS: 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, 30-3-15.2, 30-3-16.2,
and 30-3-18]
PROPERTY
DISTRIBUTION: 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].
ALIMONY/MAINTENANCE/SPOUSAL
SUPPORT: Either spouse may be ordered to pay an equitable amount
of alimony to the other. The following factors are to be considered:
(1) the financial condition and needs of the recipient spouse; (2)
the recipient's earning capacity and ability to produce income;
(3) the ability of the paying spouse to provide support; (4) the
length of the marriage; (5) the standard of living at the time of
separation; (6) any marital fault of the spouses; (7) 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; (8) if one
spouse's earning capacity has been greatly enhanced by the other's
efforts; and (9) 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].
CHILD
CUSTODY: Joint or sole child custody is determined according
to the best interests of the child, and after a consideration of
the following factors: (1) the past conduct and moral standards
of the parents; (2) the welfare of the child; (3) the child's preference
if the child is at least 12 years of age; (4) which parent is likely
to act in the best interests of the child; and (5) which parent
is likely to allow frequent and continuing contact with the other
parent. There is a presumption that a spouse who has been abandoned
by the other spouse is entitled to custody of the children. 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 (1) it will be in the best interests of the child; and (2) both
parents agree to joint custody; or (3) both parents appear capable
of implementing joint custody; and (4) based upon a consideration
of the following factors: (1) whether the physical, psychological,
or emotional needs and development of the child will benefit; (2)
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;
(3) whether each parent can encourage and accept a positive relationship
between the child and the other parent; (4) whether both parents
participated in child rearing before the filing of the divorce;
(5) the geographical proximity of the homes of the parents; (6)
if the child is of sufficient age and maturity, the preference of
the child; (7) the maturity of the parents and their willingness
and ability to protect the child from conflict that may arise between
the parents; and (8) 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, 30-3-10.6 and
30-3-33].
CHILD
SUPPORT: 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 day
care and child care 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: (1) the
standard of living and situation 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 the child: (5) the ages
of the parents and the child: (6) 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, 78-45-7
to 78-45-7.5].
PREMARITAL
AGREEMENT: The agreement must be in writing and signed by both
parties and is enforceable without consideration. The agreement
is not enforceable if it is proven that (1) the agreement was not
executed voluntarily; (2) the agreement was fraudulent and that
before the execution the party was not provided a reasonable disclosure
of the property or financial obligations, did not voluntarily waive
the right to the disclosure of this information, and did not have
adequate knowledge of these obligations. If a provision of the agreement
modifies or eliminates spousal support and that causes one party
to be eligible for public assistance at the time of separation or
dissolution, a court may require that the other party provide support
so as to avoid the eligibility. If a marriage is determined to be
void, the agreement is enforceable only to the extent necessary
to avoid an inequitable result. [Utah Code Annotated; Sections 30-8-3,
30-8-6, and 30-8-7].
Order
Your Utah Divorce Package Now $99.94
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