The statements on this website are not legal advice and are provided solely for informational purposes! These statements provide only a very general outline of the law. If you have any kind of legal concern, please contact an attorney.

Grounds for Divorce

A dissolution of marriage, or divorce, is available in Utah on either “fault” or “no-fault” grounds. The grounds for a no-fault divorce are either “irreconcilable differences” or if the couple have been living apart and separate for a period of at least three years.

A fault divorce in Utah is available for the following: Cruelty, habitual drunkenness, impotency at the time of marriage, willful desertion or neglect, adultery, a felony conviction, or incurable insanity.

Residency Requirement

In order to file for divorce in Utah, at least one of the involved parties must have been a resident of the state for no less than three consecutive months

Waiting Period

After filing for divorce, the Court waits at least 90 days before it makes a final decree of divorce. Temporary orders and additional hearings may take place in this time period. If the married parties have children together, the 90-day waiting period does not apply. However, each parent must attend a mandatory education course and present their completion certificate to the Court before the divorce can be finalized. The Court may waive this requirement.

Property Division

The Utah Courts use a principle called “equitable distribution” when the couple cannot agree on how property should be divided on their own. The Court will divide the property equitably between the parties, and necessarily equally. Courts only divide property gained during the marriage—or marital property—and not separate property brought into the marriage. Separate property also includes gifts or inheritance received during the marriage, but to only one party.

Alimony

Alimony is a husband’s or wife’s court-ordered financial payment to the spouse after divorce. To determine the propriety of alimony in your case, the Court will consider things like the financial status and resources of each spouse, whether the spouse receiving alimony has or will have custody of any minor children, the length of the marriage and any fault of each party.

Generally the Court will only order alimony for the number of years the couple was married. With discretion, the Court may adjust alimony length as circumstances warrant. Alimony payments cease if the receiving spouse remarries or if either spouse dies.

Child Support

To appropriately determine the amount of child support one parent must pay the other, the Court will assess each parent’s gross income, whether or not either parent is already supporting other children, and the amount of time each child spends with each parent. The Court may assign additional costs, like healthcare or childcare, to one or both of the parents.

This DHS Child Support Calculator may serve as a guide for estimating child support.

FINAL DETERMINATION OF THE SUPPORT AWARD MAY ONLY BE MADE THROUGH JUDICIAL OR ADMINISTRATIVE FINDINGS.