Need
a Family Lawyer? Click Here
Just
when you thought you had seen it all, a divorce
gets thrust your way, and it's looking ugly. 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. If you're
having a tough time coping, perhaps you should view
this page first.
Child Support
| Q. |
How
do Utah divorce laws determine child support? |
|
|
| A. |
You & 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;
2.) 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; 3.) an order
specifying which party is responsible for the
payment of joint debts, obligations, or liabilities
of the parties contracted or incurred during marriage;
4.) 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; 5.)
provisions for the enforcement of these orders;
and 6.) 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 law requires
a 90-day waiting period, which may be waived for
good cause.
|
|
|
| Q. |
How long is 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. If you wish to begin
the process, click on the link above that reads:
Utah Child Support Services |
| |
|
Utah Mediation
Utah Child Support Calculator
Utah Domestic Violence Council
Utah State Bar
Association
Utah Low Income Self Help
Utah Child Support Services
Utah Divorce Laws
State
Fact Sheets for Grandparents and Other Relatives
Raising Children |
Back
to Top↑ |
 |
 |
 |
Lawyer Advertising
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. |
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: 1. the past conduct and demonstrated
moral standards of each of the parties; 2. 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; 3. 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, 4. The desires of a child 16 years
of age or older shall be given added weight, but
is not the single controlling factor and 5. 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. |
| |
|
Back
to Top↑ |
|
 |
 |
 |
Visitation/Co-Parenting
| Q. |
Can
we determine what the visitation (parenting) schedule
should be? |
|
|
| A. |
Yes, the parties
can fashion a co-parenting agreement and as long
as it passes the courts inspection and Utah law,
the court will likely approve. |
|
|
| Q. |
What would a
typical visitation schedule look like? |
|
|
| A. |
A
visitation schedule will likely include: alternate
weekend visitation (3-day weekends included),
mid-week visitation, sharing of the children during
periods of school recess -winter, spring and summer,
New Year's Eve, Easter, Rosh Hashanah and Yom
Kippur, Thanksgiving, and Christmas with one parent
or the other in alternate years, Father's Day
with Father, Mother's Day with Mother, alternate
years on the children's birthdays, and open communication
by phone and computer.
|
|
|
| Q. |
Any suggestions
about what else might be included in a visitation
agreement? |
|
|
| A. |
You
may wish to get very detailed in the visitation
schedule about what is acceptable and what is
not. Consider the following: How is the decreed
custody defined? What are the rights and responsibilities?
Who has legal custody? Which holiday does the
child spend with you? What time and where may
the other parent pick the child up? What time
should the child be returned home? What is the
procedure to follow if either of you are running
late and won't be there on time? How much notice
should you be given if they are planning a vacation?
How far away may the other spouse move? What about
future partners? Should those partners stay overnight
in front of the children?
|
| |
|
Back
to Top↑ |
|
 |
 |
Alimony/
Maintenance/ Spousal Support
| 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: 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 payer 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
payer spouse; and 7. 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. |
| |
|
Back
to Top↑ |
|
 |
 |
 |
Grounds
For Divorce
| Q. |
What are the grounds
for divorce in Utah? |
|
|
| A. |
Grounds for divorce include:
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 |
| |
|
Back
to Top↑
|
|
 |
 |
Marriage
Annulment
Marital Annulment
| Q. |
Please explain
the difference between an marital annulment and
a divorce. |
|
|
| A. |
A
divorce terminates a legal condition (marriage)
and resolves all legal issues around the marriage.
Those issues can include child or spousal support,
and division of marital assets. An annulment is
the court’s decree that the marriage was
never valid. In other words annulment is the declaration
that the marriage never took place.
|
|
|
| Q. |
How does one know if they
are a candidate for a marriage annulment? |
|
|
| A. |
There
are grounds for annulment just like there are
grounds for divorce. To receive an marital annulment,
a marriage must fit the description of a void
marriage or a voidable marriage. Grounds include
entering a marriage by Fraud and Duress, Mental
Illness, Bigamy, Impotency, and Consanguinity
(marrying a relative too closely related.)
|
|
|
| Q. |
Please differentiate between
void and voidable marriages. They both receive
a marriage annulment? |
|
|
| A. |
A
void marriage is a type of marriage which is on
its face unlawful under the laws of the jurisdiction
where it is entered e.g. One or both of the parties
are below the legal age to marry even with parental
consent, The parties degrees of consanguinity
are too close, for example, a brother and sister
or a parent and a child, The form of the marriage
is forbidden by statute (such as same-sex marriage,
and bigamy (multiple marriages). A marriage, however,
which can be canceled at the option of one of
the parties is merely voidable, meaning it is
subject to cancellation if contested in court.
|
|
|
Back
to Top↑ |
|
 |
 |
 |
Marriage
Counseling/
Mediation
| Q. |
I'm told there
is a mandatory mediation or marriage counseling
session if one of us files for divorce. True? |
|
|
| A. |
Yes,
it's true. There is established a mandatory marriage
counseling course for divorcing parents. The mandatory
course is designed to educate and sensitize divorcing
parties to their children's needs both during
and after the divorce process.
|
| |
|
|
Back to Top↑ |
 |
Legal
Separation/
Marital Separation
| Q. |
What is the difference
between a marital separation or legal separation
and a divorce? |
|
|
| A. |
A
separation of one kind or another allows the parties
to live apart but remain legally married. The
individuals' rights and duties to each other are
determined in a Decree of Legal Separation which
will cover custody and child support, spousal
support, division of property, and payment of
debts. A divorce ends the marriage and creates
two single people while resolving the above issues.
Either party may initiate a divorce after gaining
a separation.
|
|
|
| Q. |
What would prompt someone
to choose a separation or legal separation as
opposed to a divorce? |
|
|
| A. |
Legal
separation is frequently pursued when one of the
parties wants to stay married for religious reasons,
wants the advantage of deductibility of spousal
support payments for income tax reasons, wants
to maintain various insurance coverage's, or do
not want to wait the state statutory waiting period
for termination of marital status.
|
| |
|
Back to Top↑ |
|
 |
Waiting
Period
| Q. |
Is there a waiting
period detailed in Utah divorce laws? |
|
|
| A. |
A
decree of divorce can be granted immediately if
the parties have reached an agreement and, if
they have minor children, have both attended the
Divorce Education and Divorce Orientation classes.
If parties do not have minor children, Utah law
requires a 90-day waiting period, which may be
waived for good cause. Also, before proceeding
to pretrial or trial, parties to a divorce must
attend at least one mediation session to attempt
to resolve disputed issues.
|
| |
|
|
Back to Top↑ |
 |
 |
 |
 |
Divorce
Settlement
| Q. |
Can the parties
decide on the details of a divorce settlement? |
|
|
| A. |
Yes,
by all means. Either fashion a divorce settlement
with your spouse, or the court will so so for
you. If the court has to create the divorce settlement,
it will do so based on being an equitable distribution
state meaning that the court will endeavor to
divide the marital property equitably but not
necessarily evenly.
|
|
|
| Q. |
What doe the court look at
if it ends up creating the divorce settlement? |
|
|
| A. |
Factors
considered can be: 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 payer 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
payer spouse; 7.) 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 8.)
The court may consider the fault of the parties
in determining alimony.
|
| |
|
Back
to Top↑ |
|
 |
Residency
Requirements
| Q. |
What are the residency
requirements to file for divorce in this state? |
|
|
| A. |
At
least one party must have been a resident of the
county where the divorce was filed. for a minimum
of three months immediately before filing the
divorce petition. If there are children, generally
the children must have resided in the state for
a minimum of six months. To simplify divorce and
custody proceedings, parents should wait until
the children have lived within the state for six
months before filing for divorce.
|
|
|
|
Back to Top↑ |
|
|