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
