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Utah Petitioner's Affidavit of Jurisdiction and Grounds for Divorce

State:
Utah
Control #:
UT-824D
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Word; 
PDF; 
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Description

A Petitioner's Affidavit of Jurisdiction and Grounds for Divorce is used to state that the allegations in the Petition are true and correct. In addition, the affidavit states that the Findings of Fact/Conclusions of Law and Decree of Divorce conform to the original Verified Petition of Dissolution of Marriage.

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FAQ

One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition.If the matter should go to a hearing, the person who files the petition usually presents his or her case first.

Generally no, it doesn't matter which spouse files for divorce. There is no legal advantage to filing the petition for divorce first; however, there may be strategical advantages. Whoever files the petition first chooses which court will be hearing the divorce.

Only one spouse needs to file for a divorce. Utah is a no-fault divorce state, meaning divorce can be granted without proving who is guilty. Although, if there is serious fault by one spouse that evidence can be used to affect the ultimate judgment, such as in alimony awards or property divisions.

But in 1959, then Attorney-General Sir Garfield Barwick introduced a federal law: the Matrimonial Causes Bill, stipulating 14 grounds for divorce. This included desertion, adultery, habitual drunkenness, cruelty, insanity and imprisonment.

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.

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.

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.

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.

How property is divided in a divorce. Utah law requires an equitable division of marital property.For long-term marriages, equitable may mean a 50-50 split, or the court may decide that it is fair to give one party more or less than 50% of the property.

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Utah Petitioner's Affidavit of Jurisdiction and Grounds for Divorce