In all divorce cases, couples must provide the court with a legal ground to terminate the marriage. Although there are different ways to apply for a dissolution of marriage (divorce), every case requires the applicant to list a specific reason for the request. Some states allow parties to file for a fault divorce, which is where you claim that your spouse’s behavior during the marriage caused the relationship to fail. Acceptable grounds for fault divorce vary depending on where you live, but the most common include adultery, drug or alcohol abuse, or abandonment. All states permit couples to request a no-fault divorce, meaning that neither spouse is individually responsible for the breakup. Typically, no-fault divorces are based on irreconcilable differences. In these cases, couples need to prove to the court that despite your best efforts, there are too many issues in the relationship for reconciliation to be possible. The most appealing factor of no-fault divorce is that spouses can ask the court to terminate their marriage without the need for finger pointing or mud-slinging. Many states also offer a divorce based on a separation for a specific period of time. Utah and No-Fault DivorceIf you’re not interested in airing your dirty laundry in a public courtroom setting, no-fault divorce is probably the best option for ending your relationship. Utah courts understand that many people, primarily parents, want to preserve what’s left of their bond after a divorce, so it allows couples to pursue a divorce using its no-fault procedures. For divorcing couples to be successful, the parties will need to explain to the court that their marriage has suffered irreconcilable differences. Judges don’t usually make it a habit of questioning the motives behind a no-fault divorce, so if you are willing to testify, under oath, that you and your spouse can’t work things out, a judge will grant your divorce. If you can’t prove irreconcilable differences to the court, you can also apply for a no-fault divorce if you and your spouse have lived separate and apart from each other for a minimum of three years. The acceptable reasons for a fault divorce in Utah include: Spouses may also file for divorce based on one spouse’s incurable insanity. Unlike no-fault divorce, which only requires one spouse to testify that the marriage has suffered irreconcilable differences, if you accuse your spouse of marital misconduct or incurable insanity you will need to present evidence, like witness testimony or medical records, to prove to the court that your allegations are true. For example, in one case, a husband filed for divorce based on his wife’s mental cruelty toward him. The couple had been married for over 16 years, but the wife suffered some medical issues that caused her personality to change. The husband provided testimony that painted a picture of mental cruelty by his wife, which was enough for the court to approve his request. The wife appealed, stating that she didn’t intend on being cruel to her husband and that the judge should have denied the request for a fault divorce, but because the husband proved his allegations with evidence, the appeals court upheld the decision by the judge. Other Requirements for DivorceLike most states, Utah has a residency requirement that you must meet before you can file for divorce. Couples must demonstrate that the filing party has been a resident, continuously, for a minimum of three months. Additionally, there is a 90-day waiting period before the court can hold a hearing for your divorce. This waiting period was created by legislators to provide couples with a cooling off period, which may or may not assist the spouses in making meaningful, divorce-related issues, like property division and spousal support. Either party can ask the court to waive this waiting period. The person requesting a waiver would need to file a motion (request) with the court and provide the judge with extraordinary circumstances for their application. We Have Minor Children, Does that Change Anything?Yes. Utah law is unambiguous that if a divorcing couple has minor children from the marriage, the court can’t finalize the divorce until each parent has attended a mandatory course for divorcing parents and presented a certificate of completion to the judge. The court can, on its own or if one parent makes a motion, waive this requirement, but this doesn’t typically happen unless the couple can prove that the class isn’t necessary, appropriate, or feasible. How to File a Divorce in UtahIn Utah or elsewhere, divorce for any married couple will accomplish two things: severing the marital relationship, and dividing assets and debts. If they have been married for a significant length of time and one of them will be unable to be self-supporting after the divorce, the issue of alimony may also arise. If there are minor children, they will also need to resolve issues of child custody and support. Residency and Where to FileIn order to file for divorce in Utah, the party filing for divorce must be a resident of Utah and the county for at least 3 months. The case must be filed in the District Court in the county where the residency requirement is met. ProceduresThe simplest procedure is an uncontested divorce where you and your spouse reach an agreement about the division of your property, and, if you have any children, what arrangements will be made for them. You begin the divorce procedure by filing a Complaint for Divorce, along with various supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Divorce. Collaborative Divorce. Utah offers this process where each party hires a lawyer to assist them in trying to reach an agreement on all issues. There may also be a facilitator involved, to help focus the discussion. It is similar to mediation. Both parties must agree to this process, and either may stop it at any time. Any agreement will be signed by the parties and submitted to the court to be incorporated into a judgment or decree. Grounds for DivorceGrounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Utah, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds. To get a no-fault divorce in Utah you need to state in the Complaint for Divorce that “there are irreconcilable differences in the marriage,” or the parties have been living separate and apart without cohabitation for 3 years under a judicial decree of separation.” The fault-based grounds for divorce are: impotence, adultery, willful desertion for more than 1 year, willfully neglecting to provide the plaintiff with the common necessities of life, habitual drunkenness, conviction of a felony, cruel treatment to the extent of “bodily injury or great mental distress,” and incurable insanity. However, in most cases, there is no reason to use any of these, since they add complexity to the process by requiring proof. Property DivisionA divorce involves dividing property and debts between you and your spouse. Utah divorce law provides that all property is marital property, regardless of how or when it was acquired. Absent an agreement of the parties, the judge is directed to divide the property “equitably.” Alimony in UtahAbsent an agreement of the parties regarding alimony, the court is directed by Utah alimony law to consider the following factors in determining alimony: “Fault” means committing adultery; knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children, knowing and intentionally causing the other party or minor children to reasonably fear life-threatening harm, or substantially undermining the financial stability of the other party or the minor children. If the marriage is of short duration, and there are no children, the court may restore the parties to their condition at the time of marriage. Alimony is limited to a period of time equal to the number of years of marriage, unless the court finds extenuating circumstances. Alimony terminates upon the death or remarriage of the party receiving alimony, or upon evidence that the party receiving alimony is cohabitating with another person. Child Custody in UtahIf you and your spouse have any minor children, there will have to be a custody determination, which basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. If you and your spouse can reach an agreement on custody, it will be accepted by the judge unless it is determined not to be in the child’s best interest. If you cannot reach a custody agreement, the judge will decide the issue, after considering all relevant factors, including: Child Support in UtahChild support is determined by reference to the Utah Child Support Guidelines. Information about child support may be found on the Utah Courts website. A divorce may not be granted until at least 90 days after the Complaint is filed. There is no provision for a name change in connection with a divorce. Filing a divorce can be a complex process, but if you and your spouse can agree on the terms of the divorce you may be able to save time. Following these steps will help you get started with your divorce. Fault DivorceFault divorces are not as common. When a spouse requests a divorce based on some fault of the other spouse, the “matrimonial offenses” that are commonly given as grounds for divorce are: A key difference between fault and no-fault divorce is that spouses filing a fault divorce are typically not required to live apart for a specific period of time before filing. In some states that recognize fault divorce, establishing fault can result in a larger distribution of the marital property or granting of alimony to the spouse that was not at fault. In other states that require or allow fault divorce, fault is not a factor in the property settlement decision at all. These two characteristics make a fault divorce more attractive to some people. Fault Divorce: Comparative RectitudeWhen both spouses seek a fault divorce and can both prove the other spouse was at fault, the court decides which one is least at fault. That party will be granted the divorce. This is called “comparative rectitude.” This doctrine was created to address the problem of courts granting neither party a divorce if they were both at fault. Courts have a policy of not forcing people to stay married if they don’t want to be. Fault Divorce: DefensesUnlike a no-fault divorce, a spouse can object to a fault divorce. They must disprove the fault by presenting a defense. These are common fault divorce defenses: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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