Utah Family Law Resources
Facing a divorce in Utah can be a difficult and life-altering experience for men and fathers. Cordell & Cordell’s dedicated team of Utah divorce lawyers provides personalized representation for men during the divorce process. By focusing on the unique needs and concerns of men, the lawyers at Cordell & Cordell have a comprehensive understanding of how Utah’s laws impact men and their families during divorce proceedings.
Utah Divorce Process
To begin the divorce process in Utah, you will need the Petition for Divorce, Case Information Cover sheet, Summons, Proposed Parenting Plan, UDOH Certificate of Divorce Dissolution Vital Statistics. You will then be required to have your spouse personally served with these documents.
For a contested divorce, your spouse has a certain number of days to respond to the petition with an answer and a counterpetition. After all initial pleadings have been filed, the discovery process starts, including the completion of a financial declaration.
The parties can, at any time, attempt to settle their differences out of court. If they can come to a settlement, the agreement is incorporated into the final judgment. If they can’t come to an agreement or if they can’t agree on all of the factors involved, the parties will attend a trial for the factors they couldn’t agree on.
Related Article: What Legal Information Do You Need To File For Divorce?
Utah Residency Requirements
In Utah, you must have been a resident of the state and county for three months prior to filing for divorce.
Related Article: I’m In A Hurry: How Fast Can I Get Divorced?
Grounds for Divorce in Utah
Utah is considered a “no-fault” state. This means that you do not need the consent of your spouse to obtain a divorce. In Utah, the courts can enter a divorce decree upon showing that:
- One of the parties has lived in the state and county for three months prior to the commencement of the proceedings;
- Allegations of irreconcilable differences in that the parties have been unable to resolve their marital problems, making continuation of their marriage impossible; and
- Those 90 days or more have elapsed since the court acquired jurisdiction over the other party either as a result of process or by the other party entering appearances.
Related Article: The No-Fault/Fault-Based Divorce Debate
Utah Property Division Process
Property is divided by the Utah courts during a divorce. Divorce laws in Utah state that marital property should be divided equitably. This means that a Utah court could decide that it is fair to split the marital property 50-50, or they may decide that one party deserves more than 50% of the property.
Utah Child Custody Laws
Utah provides two types of child custody:
- Legal custody: A spouse granted legal custody has the right to make decisions for the children, such as education, religion, and medical decisions.
- Physical custody: A spouse who has physical custody has at least 30% parent-time with the children.
The parties can have different types of custody arrangements, including:
- Sole custody: Either parent can have sole legal and sole physical custody. The parent the children live with makes all decisions regarding the children’s upbringing and needs. The non-custodial parent can have parenting time with the children if circumstances allow.
- Joint custody: The children live with both parents, and both make decisions regarding the children’s upbringing and medical and other needs. If parents have joint physical custody, they spend at least 111 overnights (30%) in the home of each parent.
- Joint legal and sole physical custody: The children live with one parent for at least 255 overnights per year. The other parent has regular parenting time, but both parents make decisions for their children.
- Split custody: Each parent has sole physical custody of at least one of the children when they have more than one child. The parents may or may not share legal custody.
Utah Child Support
If you have minor children, both parties contribute to the financial well-being of their children. Child support continues until the child reaches 18 years of age and graduates from high school, whichever comes last. In some cases, the court may order child support to continue after the child turns 18 or graduates, such as in the case of disabled children who remain dependent.
Utah uses child support guidelines based on tables showing the combined gross monthly income of the parents and the number of children. Parents must provide proof of income via paystubs and the last two years of tax returns.
If a parent is not working, the court can impute income based on your work history. If a parent doesn’t have a work history, the court can impute income based on minimum wage. Certain exemptions apply, such as the permanent disability preventing a spouse from working.
Utah child support includes base child support, medical care, and child care expenses. While base child support is based on a percentage of each parent’s income, generally, both parties pay 50 percent of all medical care, medical insurance premiums, and child care expenses.
Utah Spousal Support
The court can order either party to pay alimony, also referred to as spousal support. It can order a spouse to pay the other during a separation period, during the process of the divorce, and after the spouses receive the final judgment.
The court uses several factors to determine spousal support, including:
- The standard of living during the marriage
- The financial needs of both parties
- Each party’s earning capacity
- The ability for the paying spouse to pay
- The duration of the marriage
- Custody of minor children
- Whether the recipient worked in a business owned or operated by the other spouse
- Contributions to a spouse’s skill, such as paying for education or allowing a spouse to attend school during the marriage while the other spouse worked
- Conduct during the marriage, such as adultery, causing physical harm to the other spouse or minor child, causing the other spouse or a child to fear for his or her life, and undermining the financial stability of the other spouse or a child
The court can order temporary spousal support during a separation or the pendency of divorce proceedings unless the asking spouse is living with someone else. Spousal support automatically ends when the receiving party remarries or when either party dies.
If the receiving spouse cohabitates, the paying spouse can ask the court to terminate the spousal support. If either spouse has a material and substantial change in circumstances, either can ask the court for an upward or downward modification of spousal support.
Why Work With Cordell & Cordell
Cordell & Cordell guides you through the divorce process, including working with you to create a strategic plan for the best possible outcome. We use our family law experience to guide you through property division, child support, parenting time and custody, and spousal support.
Client Experience
“[My attorney] only knows how to WIN! I felt very taken care of throughout the process. I couldn’t have asked for better representation.” — Dustin H.
“My attorneys have been great over the 4 years of my case. The support I have received from the firm over the duration of my case has been outstanding. My attorneys treated me as a person and not just as another case. I felt they were concerned about the issues I was personally facing and that meant a lot to me. Thank you!” — Brian H.
Unwavering Legal Support for Utah Families
Contact a Cordell & Cordell Utah office for a consultation. Our law firm provides experienced legal support for men dealing with various family law issues, including divorce.
** Disclaimer: This page serves as a resource and is not to be taken as legal advice.
One of the parties must have lived in the state and county for three months prior to the commencement of the proceedings.
Once the divorce is filed, you may relocate and Utah will still retain jurisdiction of your divorce proceeding. We recommend that you consult with an attorney before making plans to relocate since it can have an effect on the proceedings and results you are seeking.
Related Article: What Is The Residency Requirement For Filing For Divorce?
There are special rules concerning military personnel and it is recommended if you are in the military and would like a divorce that you consult an attorney.
Related Article: Divorce residency requirements for active duty military
To begin the divorce process in Utah you will need the Petition for Divorce, Case Information Cover sheet, Summons, Proposed Parenting Plan, Child Support Obligation Worksheet, Certificate of Dissolution, and any fee waiver document in order to file for divorce. You will then be required to have your spouse personally served with these documents.
Related Article: What Legal Information Do You Need To File For Divorce?
The Petition for Dissolution is filed with the clerk of the court, in the jurisdiction where you live or where most of the marital property is located. You go to the courthouse with the Petition for Divorce, Case Information Cover sheet, Summons, Proposed Parenting Plan, Child Support Obligation Worksheet, Certificate of Dissolution, and pay the clerk the filing fee for the action or your attorney can file the documents for you. You can go to www.utcourts.gov to find the list of courts in each county.
Related Article: What To Know When Filing For Divorce
The easiest way to serve your spouse is to use a private process server, the sheriff’s department, or have anyone that is over 18 and not an interested party to the case give your spouse the documents. However, any of the above methods do require an affidavit of service to be filed with the court.
The court may grant your divorce on the 91st day following the filing of your Petition for Divorce.
Once you have met all the requirements given by the court in your Utah divorce proceedings (i.e. mediation, parenting class, etc.), the court will review your file – if non-contested – and enter your divorce. If there are still matters that require court assistance to resolve, you will have to have a Permanent Orders Hearing, otherwise known as a trial, where you will need to appear before the judge and present evidence and testimony.
Related Article: 10 Steps For Succeeding In Divorce Court
The results of every divorce depend upon the facts and will vary accordingly. It is possible to complete your divorce without representation by an attorney. However, it is not recommended as this process is emotional and often more difficult than originally expected.
An attorney can ensure that your interests are protected during the process as well as give you valuable advice on the overall proceedings. The long-term benefits of knowing and understanding your rights and having an advocate on your side will be well worth the upfront costs of hiring a professional.
In Utah, there is no minimum time period that you need to be separated before a divorce is granted. No matter how long you have been separated, the court will grant your divorce 91 days after filing.
Utah is a no fault state. However, fault is a factor considered by the court in reviewing whether alimony should be awarded. This fault factor is currently not being enforced by the courts due to the Utah Appellate Court declaring they are unable to define fault.
This last session of Congress there were several bills introduced, which would further define fault. These bills however, did not have favorable language to fathers. The attorneys at Cordell & Cordell strongly opposed these bills and contacted all Senators with our position. In part due to our efforts, these bills were not passed.
No. Divorce laws in Utah state that a parent cannot change a minor child’s last name without the other parent’s permission.
Related Article: What Is The Process For Changing My Child’s Last Name?
Common law marriage is valid in Utah. Simply living together will not be enough for the court to recognize a common law marriage. A common law marriage is established by the mutual consent or agreement of the parties to be husband and wife, followed by a mutual and open assumption of a marital relationship.
Living together by itself will not establish the marriage, but the court will look to other evidence in establishing the relationship.
Related Article: What qualifies as a legal wedding or common law marriage?
Written by Joseph E. Cordell
Joseph E. Cordell is the Principal Partner at Cordell and Cordell, P.C., which he founded in 1990 with his wife, Yvonne. Over the past 25 years, the firm has grown to include more than 100 offices in 30 states, as well as internationally in the United Kingdom. Mr. Cordell is licensed to practice in the states of Illinois and Missouri and received his LL.M. from Washington University in St. Louis, Missouri. Joseph E. Cordell was named one of the Top 10 Best Family Law Attorneys for Client Satisfaction in Missouri.
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