Divorce Checklist Here are a few facts about divorce in Utah that can help you determine if you can get divorced in Utah and the factors that might determine the outcome of your Utah Divorce:
- If you’re filing for divorce you must file in the county you live in and you must have lived there for at least 3 months.
- Without good cause shown the court will not grant the divorce until at least 90 days have passed from the date of filing.
- Utah recognizes common law marriages.
- In Utah, no fault divorces can be granted based on irreconcilable differences, fault divorces can be granted for impotency by a spouse when the marriage began, adultery, willful desertion for more than a year, willful neglect to provide the family with the necessities of life, habitual drunkness, felony conviction, physical or emotional abuse, incurable insanity, and legal separation for at least three years.
- The court divides the marital estate, assets and liabilities “equitably”, this does not necessarily mean 50/50.
- Child support is based on gross income and follows a very specific, black and white formula.
- Child support covers “necessary” expenses, generally food, clothing, and a roof of the child’s head. Child support does not include medical expenses, insurance costs, daycare expenses, or extra-curricular expenses.
- The child support guidelines can only be deviated from in very specific circumstances, such as disproportionate wealth by one of the parties.
- Alimony is much more gray. It can be awarded to either spouse. The court will consider the financial condition of each spouse, the earning capacity of each, the payor’s ability to pay alimony, the recipient’s need for spousal support, the duration of the marriage, who is awarded custody of children, and misconduct of either party.
- Parents with children are required to take a parenting and divorce course.
- The court considers the best interest of the children when determining custody. The court can receive input from the children, or assign a Guardian ad Litem to represent the children, but a child’s preference is not controlling when it comes to custody.
If you're looking into divorce or have questions about the process, don't hesitate to call Pearson Law Firm for a free consultation with an experienced Utah Divorce Attorney. Call today! 801-888-0991.
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