Have you considered filing for divorce in Utah? If so, there are several key details you should be aware of before commencing the action. The state has several laws in place regarding residency, what grounds are acceptable cause for divorce, along with property division rules and several others.
Below are answers to some of the most frequently asked questions about Utah divorce laws all spouses should know about in order to protect their rights throughout their case:
What are Utah’s Residency Requirements?
In order to file for a divorce in Utah, either spouse must be an actual and bona fide resident of the state and of the county where the petition is to be filed.
What are the Legal Grounds for Divorce Accepted in Utah?
In Utah, a divorce can be filed on either no-fault or fault grounds. A no-fault divorce is must faster because parties need only state irreconcilable differences. However, for cases involving fault, the following are the acceptable grounds for petitioners:
- Willful desertion for more than one year
- Willful neglect of
- Habitual alcohol intoxication or drug use
- Felony conviction
- Cruel treatment
- Incurable insanity
- Living separately and apart under a decree of separate maintenance of any state for three consecutive years without cohabitation
How Will Property be Divided?
Utah is an equitable distribution state, meaning that if the parties can’t agree on how to divide their assets, then the property will be distributed in an equitable fashion, which doesn’t necessarily mean equally. Factors that will be considered include the duration of the marriage and the income and earning capacity of each spouse.
How is Alimony Determined in Utah?
Either spouse may be awarded alimony in Utah. The court shall consider several factors including the financial needs of the recipient spouse, each party’s earning capacity and the length of the marriage, among others.
How is Child Custody Arranged?
Utah courts first consider joint custody, but may award any form of custody based solely on the best interest of the child. Factors to be considered include the ability of each parent to provide for the child, relationship between parent and child, whether there is history of abuse, and the preference of the child.
Hiring a Utah Divorce Lawyer
A divorce case can take weeks, months or even years to finalize if you are working on your own. You may overlook several important aspects of the case, which can also lead you to forsake your rightful benefits. For this reason, it is wise to hire an experienced Utah divorce lawyer so that you rights are fully protected throughout the entire case.
We provide links to some of the most acclaimed divorce attorneys in Utah who will help ensure your case runs quickly and smoothly. Call to schedule a consultation today to discuss your options in filing a case.