In order to file for a divorce in Utah, the applicant or the defendant must be an actual bona fide resident of this State and County where the action is brought, or whether members of the armed forces of the United States that are not legal residents of this Statewhere the applicant has been stationed in this State under military orders, for three months next before the commencement of the action. [Based on code Utah 30-3-1]
LEGAL GROUNDS FOR DIVORCE:Grounds for divorce are as follows:
The impotence of the defendant at the time of the marriage. Adultery committed by the respondent as a result of marriage. Signer's willful desertion by the respondent for more than a year. Intentional negligence of the defendant to provide for the petitioner to town life. The defendant's habitual drunkenness. The defendant's conviction for a crime. Cruel treatment of the petitioner by the respondent to the extent of causing injury or great mental anguish for the petitioner. Irreconcilable differences of the marriage. Incurable insanity. When the husband and wife lived separately under a separate maintenance Decree of each State for three consecutive years without cohabitation.[Based on code Utah 30-3-1]
MEDIATION OR COUNSELING REQUIREMENTS:If the applicant and the respondent has a child or children, a divorce cannot be granted until both parties have attended the course of compulsory education and presented a certificate of completion of the course to the Court. The Court may waive this requirement on its own initiative or on the motion of a party, if it determines the completion and the presence of course are not necessary, appropriate, feasible or in the interest of the parties. [Based on code Utah 30-3-4]
PROPERTY DISTRIBUTION:Utah was equitable distribution, which means that if the parties do not agree, the property will be distributed fairly, not necessarily equally. When a long-lasting marriage dissolves on the threshold of a major change in income of one spouse by the collective efforts of both, that change is considered in dividing marital property and in determining the amount of food. If one spouse's earning capacity has been greatly improved thanks to the efforts of both spouses during the marriage, the Court may issue an adjustment compensator in dividing the marital property and food allocation. The Court must also include an order by specifying which party is responsible for the payment of debts, obligations or joint liability of the parties contracted or incurred during the marriage. [Based on code Utah 30-3-5]
MAINTENANCE/ALIMONY/SPOUSAL SUPPORT:Of the spouses may be granted, and the Court may consider the fault of the parties in determining foods. The Court will consider all relevant facts and fair principles and may, at its discretion, based on the standard of living foods that existed at the time of trial. The Court takes into account at least the following factors determine foods:
Financial condition and needs of the spouse recipient; Earning capacity of the recipient or the ability to produce income; The payor spouse's ability to provide support; The length of the marriage; If the recipient spouse has custody of minors needing support; If the recipient spouse has worked in a business owned or operated by the payor spouse; and if the spouse recipient directly contributed to any increase in the ability of the payor spouse paying for education received by the payor spouse or allowing the payor spouse to attend school during the marriage.[Based on code Utah 30-3-5]
NAME OF SPOUSE:Although there are no specific provisions for the restoration of the maiden name of wife on divorce, there is a general provision that allows such change on petition to the Court. Any natural person, eager to change his name, he may submit a petition in the District Court of the County in which he resides, setting forth:
The cause for which he sought the name change. The proposed name. He was a bona fide resident of the County for the year immediately before filing the petition.[Based on code Utah 42-1-1]
CHILD CUSTODY:The Court considers, in any case, the possibility of joint custody, but can grant any form of custody, which is determined to be in the best interest of the child. In the determination of any form of custody, the Court will consider the interests of.
.In determining whether the best interests of the child will be served by ordering joint custody or legal, the Court shall take into account the following factors:
If you need physical, psychological and emotional development of the child will benefit from joint custody or legal. The ability of parents to give priority to the welfare of the child and reach shared decisions in the best interest of the child. If each parent is able to encourage and accept a positive relationship between the child and the other parent, including the sharing of love, affection and the contact between the child and the other parent. If both parents participated in raising a child before divorce. The geographical proximity of the houses of their parents. The preference of the child if the child is of sufficient age and capacity to reason in order to form an intelligent preference for joint custody or legal. The maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents. The ability of parents to cooperate with others and make decisions together past and present. Any history of, or potential for child abuse, spouse abuse or kidnapping. Any other factors the Court considers relevant.[Based on code Utah 30-3-10]
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