Utah's Residency Requirements

The petitioner must have been a Utah resident for 3 months prior to filing the divorce forms.

Utah's Grounds for Divorce

Utah residents may file for divorce under fault or no-fault grounds.

Utah's no-fault grounds is:

• irreconcilable differences
• living separate and apart under judicial decree without cohabitation for 3 years or more

Utah's fault grounds include:

• adultery
• conviction of a felony
• impotence
• willful neglect

Utah's Child Custody Guidelines

Divorcing parents are allowed to collaborate on a child custody arrangement. If the parents cannot reach a decision, an Utah court will make a ruling.

Utah courts consider factors such as:

• each parent's past conduct and moral standards
• whether a parent can act in the child's best interests
• wishes of the child

Utah's Child Support Guidelines

If the parents cannot agree on the amount of child support and the paying parent, child support will be decided by state-specific calculations and guidelines.

Utah courts consider factors such as:

• the age of the child and parents
• each parent's situation and standard of living
• the parent's earning capacity, financial situation and resources

Utah's Spousal Support Guidelines

Spousal support can be paid in one lump sum, in installments, or periodically. The spouses may determine the spousal support type, or the courts may award spousal support.

Utah courts consider factors such as:

• duration of the marriage
• the standard of living experienced at time of separation
• any marital fault

Utah's Property Division Guidelines

Utah has adopted equitable distribution guidelines, which means all property (including gifts and inheritances) will be divided as fairly and equally as possible. Spouses may collaborate on the property distribution, but if they are unable to agree the courts will make a ruling.

Utah's Venue Guidelines

A petitioner may file the divorce forms in their Utah county of residence, or in the respondent's county of residence.