Utah Divorce Laws: What You Need to Know
If you are considering a divorce in the state of Utah, it is important to be familiar with the laws that apply. In this article, we will provide an overview of the basic requirements for getting a divorce in Utah, as well as some of the things you need to keep in mind during the process
Grounds for a divorce
Although it’s never simple, a divorce may be the best option for marriage in some situations. Divorce in Utah can be filed for either fault or no-fault reasons. If one partner can show that the other was to blame for the marriage’s demise, they will be given a fault divorce.
Adultery, abandonment, neglect, and abuse are the four most common causes of “fault” divorce. Conversely, in a no-fault divorce, neither partner is responsible for proving the other’s responsibility. Instead, both partners must agree that their differences are insurmountable.
In many cases, spouses prefer a no-fault divorce because it is more convenient and cheaper than a fault divorce.
Property Division
Before a divorce may be finalized in Utah, the couple must settle the issue of property division. Some married pairs manage to settle their differences amicably. It may be necessary to take the matter to court in some instances, though.
When a couple divorces in Utah, the property is often distributed in a fair manner, but not always equally.
The length of the marriage and the financial stability of both parties will be among the many considerations for the court.
You should hire a Utah trust attorney who is knowledgeable in family law if you are going through a divorce.
Divorce Process
The process for getting a divorce in Utah is relatively simple. First, one spouse must file a petition for divorce with the court. Next, the other spouse must be served with the divorce papers.
Once this has been done, the couple has 90 days to resolve their differences. If they are unable to do so, then the divorce will proceed to trial.
However, if the couple is able to reach an agreement, they can submit their settlement to the court for approval. Once the divorce is finalized, both spouses will be legally single and will be able to remarry.
Child’s Custody
In Utah, the court will determine child custody based on the best interests of the child. This means that the court will consider a number of factors when making its decision, including the child’s age, health, and relationship with each parent.
The court will also take into account the parent’s willingness to co-parent and their ability to provide a stable home environment. If the parents are unable to reach an agreement on custody, the court will make a decision based on these factors.
However, it is important to note that the court will always prioritize the best interests of the child when making its decision.
What is alimony and how is it determined in Utah divorces?
Alimony is a payment from one ex-spouse to the other, typically made after divorce. The purpose of alimony is to help the recipient spouse maintain their standard of living after divorce, by providing them with financial support.
In Utah, alimony is determined on a case-by-case basis. The court will consider several factors when making a decision on alimony, including the length of the marriage, the financial needs of the recipient spouse, and the ability of the paying spouse to make payments.
There is no formula for how much alimony will be awarded, and the court has the discretion to award any amount that it deems fair. Alimony can be paid in a lump sum or as periodic payments, and it can be terminated if either spouse dies or remarries.
How do I file for a divorce in Utah?
Filing for divorce in Utah starts with choosing where to file your petition for divorce.
You can either file in the district court in the county where you live or in the district court in the county where your spouse lives.
Once you have chosen which court to file in, you will need to collect the necessary paperwork. The Utah State Courts website has a list of all the forms you will need, as well as instructions on how to fill them out.
Once you have completed the paperwork, you will need to file it with the court clerk and pay the filing fee. After that, you will need to serve your spouse with a copy of the paperwork.
Once your spouse has been served, they will have 21 days to respond. If they do not respond within that time frame, you can ask the court for a default judgment.
However, if they do respond, then you will need to attend a hearing where a judge will grant your divorce.
As you can see, the process for getting a divorce in Utah is relatively simple. But who actually files for divorce first in Utah?
The answer may surprise you. In most cases, it is the husband who files for divorce first. This is because, in Utah, the husband is considered the head of the household. Therefore, he is usually the one who initiates the divorce proceedings.
However, this does not mean that the wife cannot file for divorce first. If the wife feels she has grounds for divorce, she can certainly file the paperwork herself.
The important thing to remember is that, in Utah, either spouse can file for divorce. There is no law requiring one spouse to file first.
