Utah Joint Petition for Bifurcated Divorce

State:
Multi-State
Control #:
US-03179BG
Format:
Word; 
Rich Text
Instant download

Description

In a bifurcated divorce, the marriage is terminated, but other issues, such as the division of property, alimony, child support or custody arrangements, are left to be determined at a later date or at trial. Couples pursue a bifurcated divorce when one or both spouses want to terminate the marriage quickly, perhaps so they may remarry, and are willing to resolve other issues at a later date.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Utah is an "equitable distribution" or "marital property" state as opposed to a "community property" state. This means that the marital property is divided in an "equitable" manner.

Divorce waiting period Utah law requires that there be 30 days between the date the petition is filed and the date the decree is signed. A party can ask the court to waive the waiting period for extraordinary circumstances.

With that said, the general rule, even for short-term marriages, is 50/50 division. However, in some very short-term marriages, the courts may put spouses back into the financial position they were in before the marriage ? that is, each spouse gets the asset that belonged to him/her at the beginning of the marriage.

In Utah, you do not need the consent of your spouse to obtain a divorce. You simply need to show that the marriage is irretrievably broken. This can be done be either party.

Property is divided by the Utah courts during a divorce. Divorce laws in Utah state that marital property should be divided equitably. This means that a Utah court could decide that it is fair to split the marital property 50-50 or they may decide that one party deserves more than 50% of the property.

This process is called bifurcation. This can allow the parties to remarry sooner, but means it could take longer to resolve other issues. Either party can ask the court to bifurcate the case by filing a Motion to Grant Divorce and Decide Other Issues Later. Utah Rule of Civil Procedure 42.

The Irreconcilable differences ground makes Utah a "no-fault" state. In other words, a Petitioner no longer has to prove that there is something wrong with the Respondent or the Respondent did something illegal or immoral. The Petitioner only has to show that the parties have differences that they cannot reconcile.

In Utah, as in all states, you need a legally accepted reason (or "ground") to get a divorce. The grounds for divorce in Utah include both fault and no-fault reasons. Among the fault-based grounds, you may get a divorce if the judge finds that your spouse has committed adultery. (Utah Code § 30-3-1(3)(b) (2022).)

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Utah Joint Petition for Bifurcated Divorce