Important Utah Divorce Guidelines to File for a Divorce
Utah Residency Requirements For Divorce
The spouse filing Utah divorce forms is required by law to have been a resident of the county in which the divorce papers were filed for a minimum of 3 months.
Grounds For Divorce In Utah
Commonly stated grounds for a no-fault in Utah:
- irreconcilable differences of the marriage;
- living separate and apart without cohabitation for three years under a judicial decree of separation (legal separation).
Commonly stated grounds for a fault-based divorce in Utah are:
- conviction of a felony;
- willful desertion for one year;
- willful neglect.
If both the person filing Utah divorce forms and the defendant in the divorce proceedings have children, a divorce will not be granted unless both spouses attend a legally mandated course on parenting and have the certificate to prove for the court records.
Utah Child Custody
The divorce courts in Utah will often award joint legal custody to the parents if it can be determined that it is in the best interest of the child, as well as:
- both parents agree to the order of joint legal Custody; or
- both parents appear capable of implementing joint legal Custody. Joint legal Custody affords each parent the right to be involved in the important decisions concerning the children. Joint legal Custody does imply that the children will share their time equally between the parties.
Utah Child Support Guidelines
The state of Utah has implemented support guidelines in divorce cases that are used uniformly almost in every situation. The courts take into consideration the gross income of both parents as well as certain child related expenses when calculating child support payments. It is usually stated that child support will continue until the child reaches the age of 18 but in some cases can be extended until the end of his or her secondary education.
If the situation arises when there is a contested divorce proceeding involving issues with child custody as well as visitation rights the courts can refer both parties to take their issues through a mediation process and can even prove a list of approved mediators. At any point through the divorce process however either party may request a period of mediation. If the divorcing couples can come to an agreement on the issues within the divorce they may be able to proceed on an uncontested basis.