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Utah Divorce Law

Divorce Laws in Utah

According to Utah divorce laws, you may request either a no-fault or fault divorce. The entry of a no fault divorce requires only the statement of irreconcilable differences shown by living separate and apart for three years. Fault grounds can include, but is not limited to, adultery, willful desertion and cruel and inhumane treatment. Additionally, one of the spouses must have been a resident in the state of Utah, as well as of the county of filing for three months prior to filing for divorce in UT.

Alimony and Equitable Distribution in Utah

Utah is known as an equitable distribution state. According to the divorce laws in Utah this means that all property, whether marital or separate, must be divided fairly or equitably, but not necessarily equally, regardless of title held.

Alimony can be awarded to either the husband or wife with regard to marital fault. Such factors as the length of the marriage and the prior standard of living shall be considered in determining the amount and duration to be paid. However, alimony is typically not awarded for a period longer than the duration of the marriage.

Utah Child Support and Child Custody

The main focus in determining child custody, according to Utah divorce law, is the best interest of the children. However, under UT divorce laws, if a spouse has been abandoned they are entitled to the custody of the child. Visitation rights are typically awarded to the non custodial parent.

Child support (a percentage of the non-custodial parents income paid to assist with the support of his children) is determined by the Income Shares model, based on gross income set forth by divorce law in Utah. Expect to pay child support until the age of 18 or until the child is a high school graduate.