Divorce Utah

Statutory Reference to Utah Code Annotated:

Residence: §§ 30-3-1, 30-3-18

Divorce: § 30-3-1

Property Distribution: § 30-3-5, 30-3-12

Alimony: §§ 30-3-3, 30-3-5

Custody: § 30-3-10

Visitation: §§ 30-3-22, 30-3-33, 30-3-35, 30-5-2

Child Support: §§

Residence:

Either spouse must have been a resident or Utah or a member of the armed forces stationed in Utah and a resident of the county where the divorce is filed for more than three months immediately prior to the filing. There is a 90-day waiting period after filing before a divorce may be granted.

Grounds:

No-fault: (1) Irreconcilable differences; (2) living separate and apart without cohabitation for three years under a judicial decree of separation.

Fault: (1) impotence; (2) adultery; (3) conviction of a felony; (4) willful desertion for more than one year; (5) cruel and inhuman treatment; (6) willful neglect; (7) incurable insanity; (8) habitual intemperance.

Distribution of Property:

Equitable distribution of property, based on all-property model. All of the spouses' property, including gifts, inheritances, and any property acquired prior to or during the marriage, shall be divided equitable by the court.

Alimony/Spousal Support:

Either spouse may be ordered to pay an equitable amount of alimony to the other, based on nine enumerated factors, including fault and the equity of equalizing the parties' incomes. The court will not, generally, award alimony for a period longer than the marriage existed.

Child Custody/Visitation:

The court shall order custody as it considers appropriate, considering the best interests of the child, and the past conduct and demonstrated moral standards of the parties. There is a presumption that a spouse who has been abandoned is entitled to custody.

The statute also contains advisory guidelines for visitation schedules, broken down by age of the child.

Child Support:

Child support guidelines are based on the income shares model, calculated on gross income. Support terminates at age 18 or when the child graduates from high school. In a divorce action, the court may order support to the age of 21.