September 1, 2006, Newsletter Issue #29: Utah Divorce Laws and Divorce Guidelines

Tip of the Week

Utah Residency Requirement
According to the Utah Divorce Laws and Utah Divorce Guidelines, to get divorced in Utah, the spouse filing for divorce must have been a resident of the state for 3 months before filing the case

Time To Divorce
There is a waiting period of 90 days after filing the Utah Divorce Forms and Utah Divorce Papers before a divorce will be granted

Place of Divorce (Venue)
The case may be filed in: The county in which the spouse filing meets the residency requirements

Simplified or Special Divorce Procedures
Uncontested divorce hearings may be held before a court commissioner. However, a divorce cannot be granted upon default in this manner, only upon agreement by both parties and legal evidence and testimony must be taken in every divorce case. However, in a default case, the evidence may be contained in an affidavit of the petitioner. Finally, a financial verification form is also required in child support cases

Utah Grounds for Divorce

Grounds for a No-Fault divorce:
(1) Irreconcilable differences of the marriage
(2) living separate and apart without cohabitation for 3 years under a judicial decree of separation

Grounds for a Fault based divorce:
(1) impotence
(2) adultery
(3) conviction of a felony
(4) willful desertion for 1 year
(5) cruel and inhuman treatment
(6) willful neglect
(7) incurable insanity
(8) habitual intemperance

An Agreed Divorce , defined by Utah divorce guidelines and Utah divorce laws, is a scenario where the spouses agree on the terms of the divorce such as Utah property distribution, Utah child support, or Utah child custody.

A Default Divorce , according to the Utah divorce guidelines and Utah divorce laws, is a divorce where the other spouse doesn’t sign the Utah Divorce forms or Utah divorce papers, he/she doesn’t do anything at all with the divorce.

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