The procedures for obtaining a divorce in Utah are established in Title 30, Chapter 3 of the state's Code. These rules state who can obtain a divorce in Utah, the procedures and requirements that must be fulfilled before a court can enter a final judgment of divorce and the considerations that can be made when determining alimony awards.
Who Can File for Divorce in Utah?
Any resident of Utah can file for divorce in the state's courts. Utah does not specify how long an individual must have been a resident of the state. Residency is usually proven through evidence of paying bills in the state or having a Utah driver's license.
Must We Be Separated First?
Utah doesn't require spouses to live separately prior to filing for a divorce. However, one of the grounds upon which a court can grant a divorce is when the spouses have been living separately under a court ordered maintenance agreement for at least three years. To claim this ground as reason for the divorce petition, therefore, the spouses must have been living separately.
How Much Does It Cost?
The cost for a Utah divorce depends on the complexity of the proceedings and whether they are contested. An uncontested divorce, which is one in which the parties both want a divorce, and which contains little marital property to distribute, can only cost whatever the court charges as filing fees. These fees are established by the individual courts, but are usually approximately $200.
In contrast, a contested divorce involving large amounts of marital property can require a trial and the involvement of attorneys. This divorce could be quite expensive, depending on the attorney's fees and other charges.
How Long Will It Take?
The state requires all divorcing spouses to wait 90 days after filing the petition to obtain a final order of divorce. This means that the shortest amount of time a divorce can take is 91 days.
Do I Need Grounds for Divorce in Utah?
Grounds are not necessary to obtain a divorce in Utah. The state permits no-fault divorces, in which the spouses merely claim that they have irreconcilable differences which require them to divorce.
Is It Better if I Have Grounds for Divorce?
Because the state allows no-fault divorces, having grounds is irrelevant to a divorce proceeding. However, any stated grounds may impact the separation of the marital estate.
What Are They?
Utah allows nine grounds for a divorce, not including their no-fault allowance. Available grounds include insanity, physical abuse, habitual alcoholism or drug abuse, desertion lasting longer than a year, adultery, impotency and one spouse's being convicted of a felony. The spouse's felony conviction does not have to result in their imprisonment.
Can I Get Temporary Support during the Divorce?
A spouse requiring financial support pending a Utah divorce can receive temporary alimony. Temporary alimony automatically ends when the court enters a final divorce order which resolves all property disputes.
How Is Marital Property Handled in Divorce in Utah?
Utah statutes require that courts distribute marital property equitably. An equitable distribution does not necessarily mean that each spouse receives exactly 50 percent of the estate. Instead, the court awards property and other assets, as well as debts, to the spouse it feels most entitled to the asset or responsible for the debt.
Factors included in the court's consideration when dividing the estate include the age of the parties, their sources of income, the length of marriage and each spouse's occupation. Acts of wrongdoing during the marriage, such as adultery, are not considered.
How Are Retirement Assets Divided?
Retirement assets are considered a marital estate. Assets acquired prior to the marriage will be separated and awarded to the spouse who acquired them. Assets acquired during the marriage will be distributed equally.
What Are the Child Support Guidelines in Utah?
Utah's child support guidelines establish how much a parent must pay to support their child, and require that both spouses contribute equally to a child's support. They are quite clear in how to calculate how much is due, and cannot be contravened unless the court has good reason. A parent cannot avoid paying child support for any reason. The amount of support actually paid differs depending on how much a parent makes and how much money it takes to support the child. When calculating the amount of support due, the court considers the amount of a spouse's income, the child's medical expenses and the child's daily living expenses. Any amount that the custodial parent is unable to provide or which is the non-custodial spouse's obligation to pay to support the child will be the amount of child support ordered to be paid.
Utah encourages spouses to create a visitation agreement that is in the child's best interests, but the court must approve any negotiated agreement. Additionally, the court requires divorcing spouses with children to attend two parenting classes.
What about Spousal Support or Alimony?
In addition to temporary alimony, a spouse in Utah can receive rehabilitative or permanent alimony. The state considers permanent alimony to be any payments made to a spouse, regardless of length, and does not necessarily require payments to be made for the spouse's entire life. When determining the amount of alimony to award, the court considers the length of the marriage, each person's earning ability and the ability of one spouse to pay alimony.
Can We Reach a Marital Settlement Agreement out of Court?
Utah permits spouses to agree to distribution of marital property, but requires any settlement agreement to be approved by the court. The court will not approve a settlement which is grossly unfair, punishes a party or which contravenes state law. Therefore, while settlements are possible, they must still abide by the state's laws or they will not be approved.
Alternatively, the parties can agree to attend mediation, during which a mediator will assist them in negotiating settlement terms. Failure to reach a mediated agreement will result in the case being submitted to the court.
Spouses able to reach a partial agreement will only submit any unresolved issues to the court to decide. However, the terms of the agreement as it pertains to specific issues must still be fair or the court will not approve them.
What Happens if We Can't Agree on Settlement Terms?
Spouses unable to agree in the terms of a divorce settlement submit their case to the court and allow the court to distribute property. Sometimes, the court will require a short hearing to make its decision, but other times it will require a full trial. A full trial is likely when the marital estate is quite large or complex.
Other Important Considerations in Utah Divorce Cases
Utah encourages spouses to settle the terms of their divorce amicably and then submit their agreement for court approval. Failure to do so does not subject spouses to penalties, but may lengthen the divorce proceedings.
Although the state's divorce statutes are quite specific, each court's procedures for handing the cases may differ. Therefore, contact your local court to determine how you file for divorce and the fees you will be required to pay.
Getting Legal Assistance
If you are considering filing for divorce in Utah, seek legal representation. A lawyer will review the state's divorce laws with you and discuss how they might affect the terms of your divorce.
