Factors to Consider When You File for Divorce in Utah

If you are thinking of filing for divorce in Utah, you need to consider a few different factors. For starters, you will need to find out how long the process will take. In addition, you will need to know what your options are when it comes to property division and child custody.

Property division

In Utah, a prenuptial agreement can be used to establish a financial structure for the couple’s future. In addition, it can help to define separate versus marital property. Ultimately, it will be up to the judge to determine a fair division of assets in a divorce.

The property division process in Utah can take a number of factors into consideration, including length of the marriage, earning capacity of each spouse, age, health, and custody arrangements. The court can also evaluate nonmonetary contributions, such as home renovations or parenting time.

A common law state, Utah recognizes the contributions each spouse makes to the other’s marital property. In a Utah divorce, alimony can be awarded as part of the equitable distribution of marital assets. This is a form of spousal support that helps maintain the lifestyle of the recipient spouse.

Child custody

There are many factors that determine the custody of a child. Utah courts will look at these factors in order to establish the best interests of the child. Among the factors are the child’s needs, the bond between the child and the parent, and the moral character of the parents.

The Utah courts consider the standard visitation schedule of one night a week for the other parent and a rotating schedule of major holidays. This schedule also allows for the noncustodial parent to have a few overnight visits during the year.

A court may also award joint legal and physical custody when you file for divorce in Utah. This type of custody includes joint decision making for major matters. The major decisions include schooling, religion, and medical care.

The child’s preferences do not always matter in the custody process. Utah law assumes that children are best raised by both parents.


Alimony is a court order that one party pays to another after a divorce. Utah courts consider many factors when deciding if alimony is awarded.

The judge may also enter orders regarding child support, custody, and property division. Depending on the circumstances, the judge can determine a shorter or longer alimony period.

Before awarding alimony, the court may decide whether the receiving spouse is capable of working. The court will also consider how long the marriage lasted and the income of each party. The parties may also agree on the amount of alimony to be paid.

The Utah legislature has established guidelines for alimony. Each party must follow these guidelines. They take into account income from both parties, and include the income of both parents.

Domestic relations injunction

A Domestic Relations Injunction is a court order that addresses behavior of the spouses around the children. It stops major changes in the divorce and requires the parties to avoid harassment and violence.

An injunction may be sought by family members or the household members themselves. It addresses behaviors such as interfering with telephone service, harassing, or changing the beneficiary coverage on insurance policies.

When a court orders an injunction in a divorce, it is generally a permanent injunction. This means that the party who violates the injunction will have to go through a full hearing and face punishment.

There are many circumstances in which a couple can get a divorce. One of the most important factors is jurisdiction. Utah law allows for divorces in most situations.

Time required to complete the process

The time required to complete the divorce process in Utah can vary based on the circumstances. The shortest time can be a matter of weeks and the longest can take several months. Nevertheless, the laws in the state are designed to make the divorce process simpler for both parties.

In order to file a divorce petition in the state, the petitioner must have lived in the county for at least three months before filing the action. If the couple has children, one parent must have lived in the same county for at least two years before filing for divorce.

The Utah Legislature established guidelines for filing a divorce in the state. These guidelines must be followed by all divorce judges in the state.

Among the guidelines are the number of children, the earning power of the parties, the length of the marriage, the marital estate, the standard of living at the start of the marriage, the ability of the parties to maintain separate homes, and the effect on the child. In addition, Utah courts must consider the circumstances unique to each divorce case.

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