Divorce laws in Utah are not all that different from those in other states. However, any lawyer will tell you that it is important to familiarize yourself with the laws of your state before beginning any legal procedure. Here are some of the key issues regarding divorce in Utah.
In order to file for divorce in Utah, at least one spouse in the divorcing couple must be a legal resident of the state. Either the plaintiff or the defendant (or both) must have been a resident of Utah for at least three months, and filing must take place in the county in which he or she resides.
Additionally, Utah courts will not hold any divorce hearings until 90 days have passed from the time the divorce complaint was filed. The only exception to this is if both spouses have completed the educational course for divorcing parents.
The grounds for which Utah courts will grant divorces are not much different than the grounds elsewhere. There are two ‘no fault’ grounds through which the court may decree a dissolution of the marriage:
Plus, there are eight ‘fault’ grounds for which Utah courts will give divorces. With these, the plaintiff needs to prove that their chosen ground does exist in their marriage.
Utah courts might award any form of custody and may come up with any type of custody arrangement; however, they always—in every case—consider joint custody first. The courts do, of course, want whatever is best for the child; however, it is generally accepted that allowing children to spend time with both parents is typically in the best interest of most children.
When making custody decisions, Utah courts take a great many factors into consideration, including these: