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When filing for divorce in Utah, either party must have been a resident of both the state and of the county where the divorce is filed for at least three months.
Utah’s no-fault grounds for divorce are irreconcilable differences of the marriage, or living separate and apart for three years, without cohabitation, under a judicial decree of separation.
Some of Utah’s fault-based grounds for divorce include, but are not limited to, adultery, conviction of a felony, impotence, willful desertion for one year and drunkenness.
If the parties have produced a child from the marriage, the divorce decree may not be granted until both parents have attended a mandatory parenting education course and are able to present the certificate of completion of this course to the court.
If the court determines that it is acting in the best interests of the child, it may order joint legal custody. Either both parents will agree to an order of joint legal custody or both parents will be deemed capable of implementing joint legal custody. Although joint legal custody does not usually mean that the children will share their time equally between the parties, it affords each parent the right to be involved in the important decisions regarding the children’s upbringing.
Utah’s child support guidelines apply in virtually every case, unless special circumstances are present. Both parties’ gross incomes and certain child related expenses are taken into consideration when calculating the child support obligation. The child support payments will continue until the child reaches eighteen years of age, and may extend through the child’s secondary education.
In Utah, the parties will be asked to choose from a list of mediators which the court will provide in all cases where there are contested issues regarding child custody or visitation. In a pending divorce, either party may file a motion requesting mediation of the disputed issues. The parties may choose to submit any or all of their issues to mediation prior to the initiation of divorce proceedings. This will enable the case to proceed in court on an uncontested basis.
Court filing fees are in addition to the cost of using CompleteCase.com. This cost may vary by county. Please check with your local courthouse to determine the exact amount.