UTAH DIVORCE LAW

Although divorces are common legal matters in every state, states differ with regards to the laws they create regulating divorce and other domestic relations. If you are considering getting a divorce, legal separation or annulment in Utah, make sure you understand some of the divorce laws specific to Utah. Speaking with a Utah divorce attorney with help to further your understanding of the divorce process.

Utah Legal Separation & Temporary Separation Orders:

Utah allows for legal separations; these are court-issued orders based on decrees of “separate maintenance” which allow a couple to live apart without completely dissolving the marriage. Unlike divorced parties, a legally separated couple is not free to remarry. Those who have lived apart for three consecutive years in Utah, under a separate maintenance decree, can convert their legal separation into a divorce. Utah also allows for temporary separation orders, which can last for up to one year. At any time before the year is over, a party may file for divorce. A Utah divorce attorney can give you more information to help you in these matters.

Utah Divorce—Grounds/Fault – No Fault:

The grounds for divorce in Utah fall into two categories: No-Fault, in which the petitioning party does not have to prove that the other party was at fault in the marriage’s breakdown, and Fault, in which the petitioning party must show that his or her spouse has injured the marriage or the petitioner in some way.

• No-Fault: In Utah, the most significant No-Fault ground for divorce is “irreconcilable differences of the marriage.” Parties who have been legally separated in any state and who have lived separately for at least three consecutive years since are also eligible for a Utah divorce decree.
• Fault: There are a variety of fault-based grounds recognized by the state of Utah. Examples of some fault-based grounds include the defendant spouse’s: adultery during the marriage; impotency at the time of marriage; willful desertion of the party filing for divorce; habitual drunkenness; cruel treatment “causing bodily injury or great mental distress to the petitioner;” or incurable insanity.
  • Because there are many additional grounds, it is best to consult a Utah divorce attorney to determine if any of these grounds may be available to you.

Utah Divorce—Residency & Where to File:

Utah courts can dissolve marriages where the petitioner (party seeking divorce) or respondent has been an “actual and bona fide resident” of both Utah and of the county where the action is filed.

Utah Annulment

If your marriage is considered legally valid, a divorce is necessary to officially dissolve it. However, sometimes a marriage should never have been performed to begin with due to a defect in the parties or their circumstances; in such a situation, a party can seek to annul the marriage, i.e. have it declared legally invalid. The state of Utah recognizes certain circumstances that can form the basis for an annulment, including:

1. the minor age of one of the parties at the time of the marriage
2. a family relationship between the parties that is classified as “incestuous” by the state
3. marriages where one party is still legally married to a third party

To learn more about annulment in Utah, you should consult a Utah divorce attorney.

Utah Divorce Laws

Below is a list of references to parts of the Utah state code relating to divorce.

1. Utah Legal Separation & Temporary Separation Order
   • Legal Separation/Separate Maintenance: Utah Code, Title 30, Chp. 3, § 1
   • Temporary Separation Order: Utah Code, Title 30, Chp. 3, § 4.5
2. Utah Divorce:
   • Grounds/Fault– No-Fault: Utah Code, Title 30, Chp. 3, § 1
   • Residency/Where to File: Utah Code, Title 30, Chp. 3, § 1
   • Property Division/Debts: Utah Code, Title 30, Chp. 3, § 5
3. Annulment:
   • Utah Code, Title 30, Chp. 1, § 1
   • Utah Code, Title 30, Chp. 1, § 2
   • Utah Code, Title 30, Chp. 1, § 17