Top 5 Utah Divorce Laws

The top 5 things everyone should know about Utah divorce laws.


The spouse filing for divorce must have been a resi¬dent 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, Utah divorce law is clear that 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].

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.

Utah is an “equitable distribution” state. All of the spouse’s property, includ¬ing 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 divorce laws state that 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.

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, Utah divorce laws state that 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].

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