If you are considering a divorce or are in the midst of one now and live in Utah, it is important to familiarize yourself with Utah divorce laws.
Doing your homework in advance can help the process go as smoothly as possible. While the overall divorce process is more or less the same in all 50 states, knowing even the smallest details within our divorce laws can make a world of difference.
Continue reading to learn more about our state’s divorce laws below.
Residency Requirements
Utah divorce laws require that you live in a single county in Utah for at least three months immediately before filing for divorce. Please note that only one spouse (you or your spouse) needs to satisfy this requirement.
Mandatory Waiting Period
Utah law requires that there are at least 30 days between filing for divorce and your divorce hearing. This waiting period can be waived if either spouse can show the court that extraordinary circumstances exist.
Grounds for Divorce in Utah
There are many reasons couples decide to file for divorce. However, to be granted a divorce, you must show the court that your marriage is irrevocably broken down. Utah is a mixed state, meaning you do not have to show fault to be granted a divorce. Though, it is up to you if you want a fault or no-fault divorce. No-fault divorce grounds include irreconcilable differences or living separately for three or more consecutive years. Fault divorce grounds include impotence, adultery, willful desertion or neglect, habitual drunkenness, etc. You can learn more about the many different grounds for divorce here.
Division of Property
Utah is an equitable division state, meaning Utah courts will use an equitable approach when dividing marital property and assets between spouses. It is easy to confuse equitable division with equal division; however, they are not the same thing. Instead of an equal, 50/50 split, the court will find a split that is “fair” to both parties. Learn more about how property and assets are divided in Utah divorces here.
Child Custody
When it comes to child custody, Utah courts will always look at what is in the best interest of the child. The court will establish both legal and physical custody. Legal custody refers to which parent(s) has the right and obligation to make decisions concerning the child’s upbringing. On the other hand, physical custody refers to with whom the child resides. There are several variations of custody arrangements, such as sole legal/sole physical, joint legal/joint physical, joint legal/sole physical, and split custody.
Contact The Ault Firm
If you are going through a divorce and live in Utah, it is essential to have legal representation from an attorney who thoroughly understands Utah divorce laws. The professionals at The Ault Firm have years of experience in Utah divorces and want to protect your rights.
We understand the challenges and obstacles individuals face during the divorce process and are committed to providing comprehensive legal representation and counsel. If you live in Salt Lake County or the surrounding area, contact us to schedule your case review today.
