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Utah Divorce Laws
Utah Residency Requirements
The court may decree a dissolution of the marriage contract between the petitioner and respondent where the petitioner or respondent has been an actual and bona fide resident for 3 months of this state and of the county where the action is brought. This also applies to members of the Armed Forces of the United States who are not legal residents of this state, where the petitioner has been stationed in this state under military orders. Unless the court, for good cause shown and set forth in the findings, otherwise orders, no hearing for decree of divorce shall be held by the court until 90 days shall have elapsed from the filing of the complaint, provided the court may make such interim orders as may be just and equitable. The 90-day period shall not apply in any case where both parties have completed the mandatory educational course for divorcing parents. The divorce is typically filed with in county in which the filing spouse resides. (Utah Code - Sections: 30-3-1, 30-3-18)
Utah Divorce Grounds:
(1) irreconcilable differences of the marriage; (b) when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation. (Utah Code - Sections: 30-3-1)
Utah Property and Debt Division
All of the spouses marital property is divided equitably upon divorce. The court will examine each case on an individual basis and determined an appropriate property award based on what is fair to each spouse. Neither spouse is personally liable for the separate debts, obligations, or liabilities of the other: (1) contracted or incurred before marriage; (2) contracted or incurred during marriage, except family expenses; (3) contracted or incurred after divorce or an order for separate maintenance under this title, except the spouse is personally liable for that portion of the expenses incurred on behalf of a minor child for reasonable and necessary medical and dental expenses, and other similar necessities. (Utah Code - Sections: 30-3-5, 30-3-12)
Utah Spousal Support, Maintenance, or Alimony:
When the parties can not come to an agreement, the court shall consider at least the following factors in determining alimony: (1) the financial condition and needs of the recipient spouse; (2) the recipient's earning capacity or ability to produce income; (3) the ability of the payor spouse to provide support; (4) the length of the marriage; (5) whether the recipient spouse has custody of minor children requiring support; (6) whether the recipient spouse worked in a business owned or operated by the payor spouse; and (7) whether the recipient spouse directly contributed to any increase in the payor spouse's skill by paying for education received by the payor spouse or allowing the payor spouse to attend school during the marriage. The court may consider the fault of the parties in determining alimony. (Utah Code - Sections: 30-3-3, 30-3-5)
Utah Custody and Visitation:
The court shall consider the following factors when determining a custody award: (1) whether the physical, psychological, and emotional needs and development of the child will benefit from joint legal or physical custody; (2) the ability of the parents to give first priority to the welfare of the child and reach shared decisions in the child's best interest; (3) whether each parent is capable of encouraging and accepting a positive relationship between the child and the other parent, including the sharing of love, affection, and contact between the child and the other parent; (4) whether both parents participated in raising the child before the divorce; (5) the geographical proximity of the homes of the parents; (6) the preference of the child if the child is of sufficient age and capacity to reason so as to form an intelligent preference as to joint legal or physical custody; (7) the maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents; (8) the past and present ability of the parents to cooperate with each other and make decisions jointly; (9) any history of, or potential for, child abuse, spouse abuse, or kidnaping; and (10) any other factors the court finds relevant. In awarding custody, the court shall also consider, among other factors the court finds relevant, which parent is most likely to act in the best interests of the child, including allowing the child frequent and continuing contact with the noncustodial parent as the court finds appropriate. (Utah Code - Sections: 30-2-10, 30-3-5, 30-3-10)
Utah Child Support:
The court shall establish support after considering all relevant factors, including but not limited to: (a) the standard of living and situation of the parties; (b) the relative wealth and income of the parties; (c) the ability of the obligor to earn; (d) the ability of the obligee to earn; (e) the ability of an incapacitated adult child to earn, or other benefits received by the adult child or on the adult child's behalf including Supplemental Security Income; (f) the needs of the obligee, the obligor, and the child; (g) the ages of the parties; and (h) the responsibilities of the obligor and the obligee for the support of others. (Utah Code - Sections: 30-3-5, 78-45-7
Utah Common Questions
How Do I Know if I Should File in Utah?
One would typically file for divorce in the state in which he or she or his or her spouse resides. If you have recently moved to a new state and wish to file in that new state, you may have to establish residency prior to filing.
If you are in the military and are stationed on a base outside your residency state, you typically are able to file in that state or in your residency state.
If you are in the military and are stationed overseas, you would typically file in your home residency state.
Can I Use 3StepDivorceTM if I Have Children?
Yes. The system and your documents will address all the issues regarding your children such as, but not limited to; custody arrangements, visitation and time-sharing, child support, and medical coverage.
How Much Are the Utah Filing and/or Court Fees?
The filing and/or court fees are not included in our fee and typically range from $50.00 to $350.00 in total depending on your location of filing and whether or not you have children. The 3StepDivorce service will typically help you yield the lowest filing fee for you because both you and your spouse are in agreement.
How Long Will the Process Take in Utah?
The process takes an average of less than 1 hour to answer the required questions and generate the documents. Once you file your documents with the court according the filing procedures, the length of time will vary depending on the number of cases in front of yours. Each court has only one or just a few Judges, Masters, or Referees to review all the pending cases.
Should I File or Should My Spouse File?
As a rule of thumb, for uncontested divorces, the spouse who really wants the divorce to be finalized typically does the filing.
Where and How Do I File My Documents?
The documents are filed at your local county courthouse in the family law or domestic relations division or department. Inside your account you will receive step-by-step filing procedures.
Can I Mail or Fax My Documents to the Clerk?
Many courts do permit you to mail and/or fax the documents. This will vary from county to county and state to state, so it will be best to check with the clerk at the courthouse when you are ready to file.
Do I Have to Go to Court in Utah?
Depending on your state and your situation, you may or may not have to attend a short hearing. Most of the time when a hearing is required, it only lasts 10-15 minutes and only the filing spouse must attend. The hearing is where you will be granted your divorce and the judge will sign the final judgment or decree.
Do I Have to Also Hire a Lawyer?
3StepDivorce is designed for you to do your own uncontested divorce without hiring a lawyer. You will be acting as your own lawyer and filing for your own divorce. Should you need or desire legal advice or should your divorce become contested, we do suggest you hire the services of a lawyer.
Will My Name Also Be Changed?
The wife has the option to change her name back to her former or maiden name through the 3StepDivorce solution.
When is the Divorce Actually Finalized in Utah?
The divorce is typically finalized when the Judge signs the final judgment or decree. We give a window of 30-90 days from the filing date, but this will vary due to case load at the courthouse and any mandatory waiting periods.
Utah Divorce Forms
Utah Forms: Our question and answer technology will allow you to easily complete your Utah divorce forms for an uncontested divorce. Our goal is to give you full control and make "doing your own divorce", fast, easy, and affordable.Utah Divorce Forms List
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All Your Completed Utah Divorce Forms
Everything in Writing As Suggested by Lawyers & Judges
Easy to Follow Step-by-Step Filing Procedures
Instant Delivery & Editing Without the Wait
Unlimited Free E-mail and Phone Product Support
Works With or Without Children
100% Court Approval Guarantee or Your Money Back
Real-Time Customer Ratings and Reviews
A total of 254 people have started their divorce through 3StepDivorceTM in the last 24 hours and 3082 in the last 10 days. The streamlined and user-friendly process, instant document delivery, and unlimited free support makes us the go-to solution to do your own divorce. Our simple and inexpensive process provides you with all your completed divorce papers in as little as 20 minutes. Instantly access your completed divorce forms after a short online interview. It is that easy, no lengthy completion or delivery times.
This easy to use online divorce is a "do it yourself (without a lawyer)" solution for any uncontested divorce (with or without children) that will be filed in the state of Utah. An uncontested divorce is one in which you and your spouse are in agreement and eliminates the stress and expense of settling your divorce in court.
With 3StepDivorceTM you can complete and print your Utah divorce forms (including a marital settlement agreement) instantly. Then, follow our step-by-step filing procedures to file your own divorce in Utah in a timely, professional, and hassle free fashion. The online software is designed to give you full control of your divorce and also avoids the use of third party data entry, thus helping protect your personal information and privacy. If you're not ready to file for divorce in Utah, learn more about getting your Separation Agreement or learn more about the basics of divorce in Utah.
3StepDivorceTM is a premium online divorce solution provided by 3 Step Solutions, LLC, a sister company of Divorce Source, Inc., the owner and operator of the Divorce Source Network, the web's largest and most visited online divorce resource since 1997.
|A sister company of Divorce Source with over 750,000 forms processed since 1997.||Have your completed documents within 1 hour (with or without children)||Instantly print your documents (free delivery by US Priority Mail is also available).||Instantly make changes (gives you full control, the way it should be!)||All required divorce documents ready for signing.|
|Step-by-Step filing procedures (who, what, where & when)||Court approval or your money back (100% guaranteed).||Unlimited toll free phone and email product support.||Online Divorce Organizer & 40+ Self-Help Divorce eBooks||Free Online Negotiation Tool (just in case you can't agree!)|