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Utah Divorce Facts
When going through a divorce in in Utah, it's helpful to have some key information. Below you will find some of the most important facts everyone getting a divorce in the state of Utah should know. The facts listed here are only a selected few of the more comprehensive set of Utah Divorce Laws available for your reference. Remember, every state's law is different, and if you're not sure about a law in your state, you should ask a qualified Utah Divorce Professional.
The filing spouse must have lived in Utah in the county where the action is filed for at least three months before the commencement of the action.
Utah recognizes common law marriages.
In Utah, no-fault divorces can be granted when the spouses have irreconcilable differences. Divorce may also be granted based on the following grounds: impotency of the other spouse when the marriage began; adultery committed by the other spouse, willful desertion by the other spouse for more than one year, willful neglect of the other spouse to provide the family with the necessities of life; habitual drunkenness, a 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, in a way it considers equitable. However, this does not necessarily mean an equal, 50/50 division to each party.
The court can require that either spouse pay spousal support, called alimony, after considering the financial condition and needs of each spouse, the earning capacity of each spouse, the ability of the spouse to pay spousal support, the duration of the marriage, who has custody of the children, the previous financial contributions of the spouse receiving alimony, and any misconduct or fault of either spouse.
Utah requires both parents to attend a course on the effects of divorce on children and prove completion to the court.
The court decides child custody by determining the best interests of the child. The court can ask the children whom they want to live with and can consider the children's wishes regarding custody or visitation, but the children's wishes do not control the court's decision regarding custody and visitation.
Either or both spouses may be ordered to pay child support. The child support order will also decide who pays for the health insurance and education for the child. Utah divorce law requires that the parties file a financial affidavit detailing all of their income, assets, expenses, and debts, including child support obligations for other children from other relationships.
Utah child support guidelines state the amount of financial support presumed necessary to support the children, but the court may deviate when the guidelines would be inappropriate. The court considers the following factors in deviating from the guidelines: the standard of living of the parties, the relative wealth and income of the parties, the earning abilities of the parents, the needs of the parents and child, the ages of the parents and child, and any other support obligation for others not produced by the marriage.
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