In Utah State divorce rate is at the average; it is 4.1% per 1,000 of the population. This rate is closer to the median point.There exists both no-fault and fault grounds for divorce in Utah State. The court recognizes only the specified grounds upon which divorce may be requested. If it falls beyond the jurisdiction of the court, the court shall not accept the case.
Utah family court encourages divorce for dissolution of a marital relationship, not the annulment. Both legal and religious annulment is made difficult for its attempt and therefore it’s rare and exists only in exceptional cases.
A qualified divorce lawyer is the best guide, whose assistance can guide you to the right channel where all divorce and annulment related issues can be resolved in a hassle-free way.
Divorce Grounds in Utah
Divorce grounds in Utah are divided into:
No-Fault Divorce Grounds in Utah
Following are the no-fault divorce grounds in Utah:
Irreconcilable difference is a common divorce ground in Utah. Irreconcilable differences in natures or incompatibility of two spouses can make a marriage a nightmare. You can bail out under this divorce ground in Utah, if you and your spouse are incompatible.
Separation without Cohabitation for Three Years
Separation without cohabitation for a period of three years or more is a no-fault divorce ground in Texas. Both you and your spouse can obtain divorce under this divorce ground.
Fault Divorce Grounds in Utah
Fault divorce grounds in Utah are:
If your spouse is having extramarital relationship with a paramour, you can file for divorce under this fault divorce ground in Utah.
Divorce can be obtained on this divorce ground in Utah, if your spouse is impotent.
Willful desertion by your spouse for a period of one year or more entitles you to the right of divorce under this divorce ground in Utah.
A spouse can use this divorce ground in Utah to obtain divorce from his/her habitual drunkard spouse.
Conviction of a Felony
A divorce decree can be obtained on this divorce ground in Utah, if your spouse has committed a felony and you do not want to continue living with him or her.
Harassment, physical or verbal abuse will be regarded as cruel treatment. You can petition for divorce under this divorce ground in Utah, if you are suffering any of the above mentioned cruel treatments.
In this divorce ground in Utah, if the insanity of a person becomes incurable and is approved by a psychiatrist. In this situation, the sufferer spouse can file a case for divorce.
Willful neglect by your spouse gives you legal grounds for divorce in Utah.
Contact a professional divorce attorney or divorce lawyer for detailed information regarding divorce grounds in Utah.
Utah Divorce Laws
Utah has following divorce laws:
Residency Requirements in Utah
Under the Utah divorce laws, to file a divorce case, you have to meet the residency requirements of Utah, like:
- Either the petitioner or the respondent must be a bona fide Utah resident for at least three (3) months.
- Either the petitioner or the respondent must be an actual resident of the county where the divorce is filed for at least three (3) months.
Above mentioned residency laws are applicable to you even if you are in armed forces of the United States and thus stationed in Utah under military orders.
Documents Required for Filing Divorce in Utah
Utah Divorce laws require you to be in possession of following documents for filing divorce:
- Petition for Divorce
- Final Divorce Decree
- Cover Sheet for Civil Filing Actions
- Marital Settlement Agreement
- Affidavit Regarding the Children
- Petitioner’s Affidavit of Jurisdiction
- Divorce Grounds (under the Utah divorce grounds)
- Certificate of Divorce or Dissolution of Marriage/Annulment
Distribution of Property in Utah
All of you and your spouse’s community or marital property is divided into equitable parts. This distribution of the property is based on various variables and situation per se.
Change of Name or Restoration of Name in Utah
If you want to revert back to your pre-marriage name, Utah divorce laws will allow you to do so, once the court has issues the divorce decree.
Mediation Counseling in Utah
Under the Utah divorce laws, you and your spouse are required to file for reconciliation in the family court. Mediation counseling will be provided under this divorce law for preserving the marriage and for resolving controversial issues. This is done so that the parties can avoid litigation.
Alimony in Utah
When the parties can not come to an agreement, 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 payor spouse and whether the recipient spouse directly contributed to any 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 Utah
Utah Divorce laws favor joint child custody but the court awards other types of child custody too only after taking in account your child’s best interests.
Child Support in Utah
If you and your estranged spouse are unable to settle a child support amount, under the Utah divorce laws, the court should take this decision according to the specified child support guidelines. The court can decide to rebut the specified guidelines according to the requirement of the case.
Contact a professional divorce attorney or divorce lawyer for comprehensive divorce laws information in your state.
Utah Annulment Laws
According to Utah annulment laws, annulment is a legal decree to end-up an illegal or void marriage. Due to its complexity usually annulment is avoided by most of the couples. Divorce is relatively cheap and easy to get. To get annulment in Utah, you have to have a valid annulment ground recognized by Utah annulment laws. Following are the valid grounds for annulment under Utah annulment laws:
Fraud and Duress
According to Utah annulment laws, duress and fraud both are valid annulment grounds. You can file for annulment if your spouse has threatened, forced or cheated you into a marital contract.
Under Utah marriage laws, a mentally incapacitated person can not enter into a marriage. If your spouse has a mental illness, you can obtain annulment under Utah annulment laws.
Utah marriage laws do not allow bigamous relationships. You can file for annulment under Utah annulment laws if your spouse was already married when s/he married you.
If your spouse is impotent and this is directly or indirectly affecting your married life, you can obtain annulment according to Utah annulment laws.
The term consanguinity refers to blood relations. According to Utah annulment laws, consanguinity is, getting married to a close relative like, father/daughter, mother/son, sister/brother, uncle/niece or aunt/nephew. It is a valid ground for annulment in Utah.
Utah Divorce Laws-Frequently Asked Questions
- What will happen if I want to mediate but my spouse does not?
First of all, mediation is a voluntary process. Mediation is only possible when both the spouses show willingness to reconcile the differences in the presence of a mediator.
- What if I live in a rural area and can’t travel for mediation?
This is not a big issue. If you are living in a rural area which is too far from the mediator’s office, then in this case the mediator can arrange a conference call to mediate.
- What are the residency requirements according to Utah divorce laws?
According to Utah divorce laws, the spouse who is filing a divorce must be a legal resident of the state to get an Utah divorce.
- How much time will it take to get divorced?
After filing a petition, both the spouses have to wait for 90 days to get an Utah divorce.
- How is the property distribution issue settled in Utah?
According to the Utah divorce laws, the Utah court follows equitable distribution method for property distribution. In this method, the property is distributed between the spouses either equally or in accurate proportion.
- What is mediation?
On the request of either parties, the court refers both the spouses to a mediator, to settle down their differences related to divorce. If child custody is involved then it is recommended to attend the counselling course on ‘the effects of divorce on children’.
- How can I claim alimony?
Alimony or spousal support is granted by the divorce court. It is the amount paid by one party to another after a divorce, on monthly basis to help divorced spouse in meeting the financial requirements.
- Is there any fixed amount for alimony?
According to Utah divorce laws, there is no fixed amount that must be paid for spousal support. The court considers the financial conditions and living standards of both the spouses before determining the amount of alimony. In case of short duration marriages, when there are no children, the court considers the living standards which existed at the time of marriage.
- Are mothers’ really preferred by the court for child custody?
Utah divorce laws state that the divorce court must consider the interest of a child. If the child is immature, then the court considers other circumstances like, decisions taken in the past by both spouses for child, attitude towards the child and financial stability. The court strictly ignores the gender issue when deciding child custody.
- What are the major points an Utah divorce court considers to decide child support?
Following are the main points that courts consider in child support; * The earning ability * Income * Standards of living * Needs of child * Age of parents