How does adultery affect divorce in Utah?

In Utah, adultery doesn't directly impact property division in a divorce. If a spouse spent a significant amount of the couple's money on an affair, however, the court may give the faithful spouse a larger share of the couple's property to compensate for the lost money.

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Utah No-Fault Agreed Uncontested Divorce Package for Dissolution of...

Utah No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Name: Utah No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts
Brand: US Legal Forms
Price: 59.00 USD
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Category:

Family Law - Divorce - No Children

State:

Utah

Control #:

UT-008-D

Format:

Instant download

Description

This No-Fault Agreed Uncontested Divorce Package specifically designed for Persons without Children and with or without Property and/or Debts includes (1) Information about Divorce, (2) Forms List, (3) Forms Explanations, (4) Instructions and Steps, (5) Checklist, (6) Forms and (7) Access to Divorce Law Summary for your State. The forms include the required petition or complaint, waiver, separation agreement, financial reporting statements, judgment and other forms to complete your divorce.

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How to fill out Utah No-Fault Agreed Uncontested Divorce Package For Dissolution Of Marriage For Persons With No Children With Or Without Property And Debts?

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Divorce Package

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FAQ

In Utah, adultery doesn't directly impact property division in a divorce. If a spouse spent a significant amount of the couple's money on an affair, however, the court may give the faithful spouse a larger share of the couple's property to compensate for the lost money.

Separate maintenance allows married couples to legally separate their affairs without obtaining a divorce under limited circumstances. A separate maintenance order governs child custody, child support, parent time, alimony, and property and debt division, but the parties remain married.

Utah is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.Factors such as one spouse's economic misconduct may also be considered.

If you do decide, having received legal advice, that the right thing to do for you and your family, is to wait for two years before divorcing on that fact, then it will be advisable, in the intervening period, to try and resolve the division of the matrimonial finances, with that agreement being put down in a legal

Countless of marriages in Utah end up in divorce because one of the spouses was unfaithful. Infidelity will definitely affect alimony if you can prove to the judge that your spouse was unfaithful.

Uncontested divorces, or divorces where spouses agree on all of the final terms they wish to be included in their divorce, can resolve within 30 days, but more typically are finalized between 60-90 days.

In Utah, there is no minimum time period that you need to be separated before a divorce is granted. No matter how long you have been separated, the court will grant your divorce 91 days after filing.

In order to file a Petition for Temporary Separation, you and your spouse must be lawfully married and both have been residents of Utah for at least 90 days prior to the date of filing the petition.

The length of alimony is different in each case, however Utah law mandates that a spouse may receive alimony for up to the number of years that the marriage lasted. So if a couple was married for 15 years, alimony could be awarded for up to 15 years. This is up to the discretion of the court.

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Utah No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Notes: This section contains selected divorce statutes from Utah. Some may not be relevant to your case but are presented here as a general overview. The statutes listed are not intended to be an all-inclusive statement of all statutes but do contain basic and other statutes.

Grounds

Utah law permits no-fault divorces to be granted based upon irreconcilable differences between the parties, and also grants divorces based upon the following:

1. Impotency of the respondent at the time the marriage was contracted;

2. Adultery committed by the respondent;

3. Willful desertion of the petitioner by the respondent for a period of more than one year;

4. Willful neglect of the respondent to provide the petitioner with the common necessities of life;

5. Habitual drunkenness of the respondent;

6. A felony conviction of the respondent;

7. Cruel and inhumane treatment of the petitioner causing bodily injury or great mental distress;

8. Incurable insanity, or;

9. When husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.

UCA 30-3-1

Residency Requirements

The petitioner or respondent must have been an actual and bona fide resident of the State of Utah and the county where the action is brought. If the petitioner has been stationed in Utah as a member of the United States armed forces for three months or more, the action may be brought in the State of UtahUCA 30-3-1

Name of court and title of action/parties

Divorce actions are filed and heard in District Court. A Family Court Division of District Court has been created specifically to hear such matters. The title of the action initiating the divorce proceeding is a Petition for Divorce, while the title of the action granting the divorce is referred to as the Decree of Divorce. The party filing the action is the Petitioner, while the other party to the action is referred to as the Respondent.

Waiting Period

In Utah, there is a waiting period of ninety (90) days after the filing of the divorce action before a Decree of Divorce will be granted. UCA 30-3-18

Mediation or Counseling Requirement

Upon request of either or both parties, the court may refer either or both of the parties to a domestic relations Counselor. If child custody is involved in the divorce action, both parties must attend a course on the effects of divorce on children and provide the court with proof of completion unless the requirement is waived by the court. UCA 30-3-4

Property Distribution

Utah courts recognize the principles of equitable distribution, in that all of the parties' property will be divided by the court in a manner that the court determines is equitable to each party. UCA 30-3-5

Alimony

The court may order either party to pay the other alimony after consideration of the following factors:

1. the financial condition and needs of the recipient spouse;

2. the recipient's earning capacity or ability to produce income;

3. the ability of the payor spouse to provide support;

4. the length of the marriage;

5. whether the recipient spouse has custody of minor children requiring support;

6. whether the recipient spouse worked in a business owned or operated by the payor spouse;

7. 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, and

8. the fault of the parties in determining alimony.

As a general rule, the court should look to the standard of living, existing at the time of separation, in determining alimony. However, the court shall consider all relevant facts and equitable principles and may, in its discretion, base alimony on the standard of living that existed at the time of trial. In marriages of short duration, when no children have been conceived or born during the marriage, the court may consider the standard of living that existed at the time of the marriage. UCA 30-3-5

Child custody

In determining custody, the court shall consider the best interests of the child and the past conduct and demonstrated moral standards of each of the parties. The court shall also consider the extent of bonding between the parent and child and may inquire of the children and take into consideration the children's desires regarding future custody or visitation schedules, but the expressed desires are not controlling and the court may determine the children's custody or visitation otherwise. In awarding custody, the court shall consider, among other factors the court finds relevant, which parent is most likely to act in the best interests of the child, including allowing the child frequent and continuing contact with the noncustodial parent as the court finds appropriate. In each case, the court will consider joint legal custody or joint physical custody or both if one or both parents have filed a parenting plan and the court determines that joint legal or joint physical custody or both is in the best interest of the child. In making this determination, the court will look to a number of factors, including whether both parents participated in raising the child before the divorce, the geographical proximity of the homes of the parents, the preference of the child if the child is of sufficient age and capacity to make an intelligent preference, the past and present abilities of the parents to cooperate with each other and make decisions jointly, and any other factors the court considers relevant. UCA 30-3-10.

Child support

Either or both spouses may be ordered to pay child support. The child support order will also contain provisions relating to the medical insurance or expenses of the child. The parties are required to file a financial affidavit. Utah has enacted child support guidelines which establish the amount of support which is presumed correct. The court may deviate from the guidelines upon a showing that the application of the guidelines would be unjust or inappropriate under the particular circumstances of the case. Factors the court will consider when determining whether deviation from the guidelines is warranted include:

1. The standard of living 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 child;

5. The ages of the parents and child;

6. Any other existing support obligation for others not of the marriage.

30-3-5

Restoration of Prior Name

Although there is no statutory provision for the restoration of a wife's maiden name upon divorce, there is a general statutory provision which permits such a change upon petition to the court. UCA 42-1-1

Utah No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Grounds

Utah law permits no-fault divorces to be granted based upon irreconcilable differences between the parties, and also grants divorces based upon the following:

1. Impotency of the respondent at the time the marriage was contracted;

2. Adultery committed by the respondent;

3. Willful desertion of the petitioner by the respondent for a period of more than one year;

4. Willful neglect of the respondent to provide the petitioner with the common necessities of life;

5. Habitual drunkenness of the respondent;

6. A felony conviction of the respondent;

7. Cruel and inhumane treatment of the petitioner causing bodily injury or great mental distress;

8. Incurable insanity, or;

9. When husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.

UCA 30-3-1

Residency Requirements

Name of court and title of action/parties

Waiting Period

In Utah, there is a waiting period of ninety (90) days after the filing of the divorce action before a Decree of Divorce will be granted. UCA 30-3-18

Mediation or Counseling Requirement

Property Distribution

Alimony

The court may order either party to pay the other alimony after consideration of the following factors:

1. the financial condition and needs of the recipient spouse;

2. the recipient's earning capacity or ability to produce income;

3. the ability of the payor spouse to provide support;

4. the length of the marriage;

5. whether the recipient spouse has custody of minor children requiring support;

6. whether the recipient spouse worked in a business owned or operated by the payor spouse;

8. the fault of the parties in determining alimony.

Child custody

Child support

1. The standard of living 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 child;

5. The ages of the parents and child;

6. Any other existing support obligation for others not of the marriage.

30-3-5

Restoration of Prior Name

Utah No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Description

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How to fill out Utah No-Fault Agreed Uncontested Divorce Package For Dissolution Of Marriage For Persons With No Children With Or Without Property And Debts?

Divorce Package

Form popularity

FAQ

How does adultery affect divorce in Utah?

Do you have to be separated before divorce in Utah?

Is Utah a 50 50 divorce state?

Do I have to be separated for 2 years before divorce?

Does adultery affect alimony in Utah?

How long does an uncontested divorce take in Utah?

How long do you have to be separated before divorce in Utah?

How do you get legally separated in Utah?

How many years do you have to be married to get alimony in Utah?

Trusted and secure by over 3 million people of the world’s leading companies

Utah No-Fault Agreed Uncontested Divorce Package for Dissolution of Marriage for Persons with No Children with or without Property and Debts

Description

Related forms

Related legal definitions

Viewed forms

How to fill out Utah No-Fault Agreed Uncontested Divorce Package For Dissolution Of Marriage For Persons With No Children With Or Without Property And Debts?

Divorce Package

Form popularity

FAQ

How does adultery affect divorce in Utah?

Do you have to be separated before divorce in Utah?

Is Utah a 50 50 divorce state?

Do I have to be separated for 2 years before divorce?

Does adultery affect alimony in Utah?

How long does an uncontested divorce take in Utah?

How long do you have to be separated before divorce in Utah?

How do you get legally separated in Utah?

How many years do you have to be married to get alimony in Utah?

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