Utah Divorce Laws- Dissolution of Marriage

Just when you thought you had seen it all, a divorce gets thrust your way, and it's looking ugly. You never dreamed you'd be in this situation, right? Don't despair. We promise that it gets better. Really. Take a deep breath. If nothing else, we'll give you some answers and ease your anxiety.

Utah Child Support

Q.	How is Utah child support determined?
A.	You and your spouse can make your own agreement, and it must be submitted to the court for approval. Without a parental agreement, Utah laws provide a guideline, or mathematical formula. The courts calculate a parent's child support obligation using three components: Base child support, medical care and child-care expenses.
Q.	My spouse and I want to do a divorce ourselves because we have no kids nor any assets to fight over. What's the best way to do that?
A.	You are describing someone acting pro se or for themselves. If you want to process a simple divorce, see the link near the top of this page that says: "Utah Low Income Self Help"and once there look for a link that reads: Online Court Assistance Program. You should be good to go from there.
Q.	How long until I can get a final divorce and what does the process entail?
A.	The amount of time will depend on how complex your divorce is, what the court docket looks like (full-not full) and and how many unresolved issues you and your spouse have. Plan on just a few months to years. In each divorce decree, the court will include: an order assigning responsibility for the payment of reasonable and necessary medical and dental expenses of the dependent children; if coverage is or becomes available at a reasonable cost, an order requiring the purchase and maintenance of appropriate health, hospital, and dental care insurance for the dependent children; an order specifying which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or incurred during marriage; an order requiring the parties to notify respective creditors or obligees, regarding the court's division of debts, obligations, or liabilities and regarding the parties' separate, current addresses; provisions for the enforcement of these orders; and provisions for income withholding. A decree of divorce can be granted immediately if the parties have reached an agreement and, if they have minor children, if they have both attended the Divorce Education and Divorce Orientation classes. If parties do not have minor children, Utah family law requires a 90-day waiting period, which may be waived for good cause.
Q.	How long is Utah child support paid, or asked another way, what age does the child need to be before child support is discontinued?
A.	Utah divorce laws specify that the child no longer receives support payments at age 18 or when he or she finished High School, whichever is later.
Q.	What are my choices as far as receiving child support each month? Can I get direct deposit?
A.	Your spouse's pay will get garnished, and you can opt for a check mailed to you, direct deposit to your bank, or loaded onto a debit card.

Utah Child Custody

Q.	I read about the term "best interests of the child". What does that mean?
A.	Utah family law compels the courts to make all rulings consistent with putting the child's interests and well-being ahead of those of the parents.
Q.	How does the court determine which parent gets primary child custody and which parent gets visitation.
A.	Prior to the family court intervening, parents are permitted the opportunity to agree on a Parenting Plan and Child Custody Schedule. If the parents are unable to complete those plans, the family court will impose its own plan. UT divorce laws require that courts not be gender-biased when determining these issues. The truth is that most awards go to Mothers because the near universal belief by the judiciary that kids are better off with their Mothers. Some considerations might include: The past conduct and demonstrated moral standards of each of the parties; Which parent is most likely to act in the best interest of the child, including allowing the child frequent and continuing contact with the non custodial parent; The court will, in every case, consider joint custody but may award any form of custody which is determined to be in the best interest of the child, The desires of a child 16 years of age or older shall be given added weight, but is not the single controlling factor and In awarding custody, the court shall consider which parent is most likely to act in the best interests of the child, including allowing the child frequent and continuing contact with the non custodial parent as the court finds appropriate. In the end, the primary caretaker gets custody.
Q.	Can my spouse and I decide a custody arrangement rather than allowing the court to make those decisions?
A.	Yes, you and your spouse can. That assumes you two are capable of negotiating fairly and honestly, and not have emotional issues short-circuit the process. Its always better if the parents decide. Your agreement must comply with state divorce laws.

Visitation
Co Parenting

Spousal Support
Alimony
Maintenance

Q.	Is there such a thing as temporary alimony or spousal support? He left me high and dry with no money in our bank accounts.
A.	Yes, you or your attorney must petition the court for temporary and immediate spousal support. The court can order a party to provide money, during the pendency of the action, for the separate support and maintenance of the other party and of any children in the custody of the other party.
Q.	My spouse has all our money, so I am unable to hire my own attorney. What can I do? What will the court look at to determine if I get alimony?
A.	The court may order a party to provide money, during the pendency of the action, for the separate support and maintenance of the other party and of any children in the custody of the other party. The court will consider at least the following factors in determining alimony: the financial condition and needs of the recipient spouse; the recipient's earning capacity or ability to produce income; the ability of the payer spouse to provide support; the length of the marriage; whether the recipient spouse has custody of minor children requiring support; whether the recipient spouse worked in a business owned or operated by the payer spouse; and whether the recipient spouse directly contributed to any increase in the payer spouse's skill by paying for education received by the payer spouse or allowing the payer spouse to attend school during the marriage.
Q.	Does marital misconduct (like an affair) weigh in when a court decides on alimony?
A.	Yes, the court may consider the fault of the parties in determining alimony. Most states do not provide for this consideration.

Grounds For Divorce

	Impotency at the time of marriage,
	adultery,
	willful desertion for more than one year,
	willful neglect to provide for the petitioner the common necessaries of life,
	habitual drunkenness,
	conviction of a felony,
	cruel treatment,
	irreconcilable differences,
	incurable insanity or
	when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation

Marriage Annulment
Marital Annulment

Mediation
Marriage Counseling

Marriage Separation
Legal Separation
Marital Separation

Waiting Period

Grandparents Rights

Divorce Settlement
Distribution of Assets

	The financial condition and needs of the recipient spouse;
	The recipient's earning capacity or ability to produce income;
	The ability of the payer spouse to provide support;
	The length of the marriage;
	Whether the recipient spouse has custody of minor children requiring support;
	Whether the recipient spouse worked in a business owned or operated by the payer spouse;
	Whether the recipient spouse directly contributed to any increase in the payer spouse's skill by paying for education received by the payer spouse or allowing the payer spouse to attend school during the marriage, and
	The court may consider the fault of the parties in determining alimony.

Residency Requirements