Residency Requirements:
To file for divorce in Utah, the filing spouse must have been a
resident of both Utah (or a member of armed forces stationed in Utah)
and the county where a divorce is filed for at least 4 months
immediately prior to filing. In addition, there is a 90-day waiting
period after filing before a divorce will be granted.
[Utah Code Annotated; Sections 30-3-1 and 30-3-18].
Legal Separation:
The grounds for legal separation are living separate and apart
without cohabitation; willful neglect; and gross neglect. The deserting
spouse must be a resident of Utah, or own property in the state in which
the deserted spouse lives. [Utah Code Annotated; Section 30-4-1].
General Divorce Procedure:
There is a 90-day waiting period after filing before a hearing is held.
A divorce will not be granted upon default. However, in a default case,
the evidence may be contained in an affidavit of the petitioner.
Evidence and testimony must be taken in every divorce case.
A financial verification form is also required in child support cases.
[Utah Code Annotated; Sections 30-3-4, 78-3-3.1, and 78-45-7.5(5),
Utah Rules of Civil Procedure, Appendix of Forms, and the Utah Rules
of the Judicial Council].
Where to file for divorce:
County of the petitioner.
Title of Divorce action:
Complaint for Divorce.
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Grounds for Utah Divorce:
No-fault:
Utah’s no-fault grounds for divorce include:
1) irreconcilable differences of the marriage;
2) living separate and apart for three years,
without cohabitation, under a judicial decree of separation.
[Utah Code Annotated; Section 30-3-1].
Fault-based:
Utah’s fault-based grounds for divorce include:
1) Impotence;
2) ladultery
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 (drunkenness).
[Utah Code Annotated; Section 30-3-1].
Mediation or Counseling:
There is a 90-day waiting period after filing for divorce before any
hearing may be held. Upon the request of either or both of the spouses
(shown by filing a Petition for Conciliation with the court), the court
may refer both of the spouses to a domestic relations counselor.
If child custody is involved, both parents must attend a course in
the effects of divorce on children. This requirement may be waived if
the court determines that it is unnecessary.
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