Utah Divorce Information and FAQ
Utah law provides 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 party filing the divorce action must have
been a resident of the State of Utah and a resident of the county where
the divorce is filed for at least three months prior to the filing of
divorce. UCA 30-3-1 Name of court and title of action/parties Divorce
actions are filed and heard in District Court, although some in some areas
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 there 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 court may consider 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 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. 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
Abraham Adamsville Alpine Alta Altamont
Alton Altonah Amalga American Fork Anchorage Aneth Angle Annabella
Antimony Apple Valley Arcadia Arches Arsenal Aurora Austin Avon Axtell
Ballard Bauer Bear River City Beaver Beaverdam Beeton Belmont Heights
Benjamin Bennion Benson Beryl Beryl Junction Bethel Bicknell Big Water
Bingham Bingham Canyon Birdseye Blanding Bloomington Hills Bluebell Bluff
Bluffdale Bonanza Boneta Bonnie Bothwell Bottle Hollow Boulder Bountiful
Bowery Haven Brian Head Bridgeland Brigham Brigham City Brighton Brookside
Bryce Bryce Canyon Bullfrog Bunker Burbank Burmester Burrville Bushnell
Cache Junction Caineville Callao Camp Williams Cannonville Canyonlands
Capitol Reef Carbonville Castle Dale Castle Gate Castle Valley Castleton
Cedar City Cedar Fort Cedar Hills Cedar Pass Cedar Valley Center Creek
Centerfield Centerville Central Central Valley Charleston Chekshani Cliffs
Chester Circleville Cisco Clarkston Clawson Clearfield Cleveland Clinton
Clover Clyde Coalville College Ward Collinston Copperton Corinne Cornish
Cottonwood Cove Cove Fort Covered Bridge Crescent Croydon Crystal Springs
Cushing Dammeron Valley Daniels Deer Mountain Deer Valley Defas Park Delta
Deseret Deweyville Diamond Valley Draper Dry Fork Duchesne Duck Creek
Village Dugway Dutch John Eagle Mountain East Carbon East Layton East
Wellington Echo Eden Elberta Elk Ridge Elmo Elsinore Elwood Emery Emory
Enoch Enterprise Ephraim Erda Escalante Eskdale Etna Eureka Fairfield
Fairview Farmington Farr West Faust Fayette Ferron Fielding Fillmore Fish
Lake Flowell Fort Douglas Fort Duchesne Fountain Green Francis Fremont
Fruit Heights Fruita Fruitland Fry Canyon Garden City Garland Garrison
Genola Glen Canyon Glendale Glenwood Gold Hill Gooseberry Goshen Granger
Granite Grantsville Green Lake Green River Greendale Greenhaven Greenville
Greenwich Grouse Creek Grover Gunlock Gunnison Gusher Hailstone Halls
Crossing Hanksville Hanna Harrisburg Junction Harrisville Hatch Heber City
Helper Henefer Henrieville Herriman Hiawatha Highland Hildale Hill Air
Force Base Hinckley Hite Holden Holladay Honeyville Hooper Howell
Hoytsville Hunter Huntington Huntsville Hurricane Hyde Park Hyrum Ibapah
Indianola Ioka Irish Green Ivins Jensen Joseph Junction Kamas Kanab
Kanarraville Kanesville Kanosh Kayenta Kaysville Kearns Keetley Kenilworth
Kimball Junction Kingston Koosharem La Sal La Verkin Lake Point Lake
Powell Lake Shore Lakeside Laketown Lakeview Lapoint Lawrence Layton
Leamington Leeds Leeton Lehi Leland Levan Lewiston Liberty Lincoln Lindon
Littleton Loa Logan Lyman Lynndyl Madsen Maeser Magna Mammoth Manderfield
Manila Manti Mantua Mapleton Marion Marriott Marriott-Slaterville City
Martin Marysvale Mayfield Meadow Meadowville Mendon Mexican Hat Middleton
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Mona Monarch Monroe Montezuma Creek Monticello Monument Valley Morgan
Moroni Mount Carmel Mount Pleasant Mountain Green Mountain Home Murray
Myton Naples Natural Bridges Neola Nephi New Harmony Newcastle Newton
Nibley North Creek North Logan North Ogden North Salt Lake Oak City Oak
Creek Oakley Ogden Ophir Orangeville Orderville Orem Ouray Palmyra
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Penrose Peoa Perry Petersboro Peterson Petra Pickleville Pine Canyon Pine
Cliff Pine Valley Pinto Pintura Plain City Pleasant Green Pleasant Grove
Pleasant View Plymouth Portage Porterville Price Promontory Providence
Provo Randlett Randolph Red Canyon Redmond Richfield Richmond Richville
River Heights Riverdale Riverside Riverton Rockville Roosevelt Rosette
Round Valley Roy Rush Valley Saint George Salem Salina Salt Lake City
Sandy Santa Clara Santaquin Saratoga Springs Scipio Scofield Sevier
Sherwood Park Sigurd Skull Valley Slaterville Smithfield Snowbird
Snowville Snyderville Solitude South Jordan South Ogden South Salt Lake
South Weber Spanish Fork Spring City Spring Glen Spring Lake Springdale
Springville Spry Standardville Stansbury Park Starr Sterling Stockton
Stoddard Sugarville Summit Summit Park Sundance Sunnyside Sunset
Sutherland Swan Creek Syracuse Tabiona Talmage Taylor Taylorsville
Teasdale Terra Thatcher Thistle Thompson Ticaboo Timpanogos Tooele Topaz
Toquerville Torrey Tremonton Trenton Tridell Tropic Trout Creek Uintah
Union Upalco Upton Utida Uvada Val Verda Venice Vernal Vernon Veyo
Vineyard Virgin Wales Wallsburg Wanship Warren Washington Washington
Terrace Wellington Wellsville Wendover West Bountiful West Haven West
Jordan West Kaysville West Layton West Point West Valley West Valley City
West Warren West Weber Wheelon White City White Mesa Whiterocks Willard
Wilson Winchester Hills Woodland Woodland Hills Woodrow Woodruff Woods
Cross Young Ward Zion National Park
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