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Utah Divorce
Divorce in Utah is referred to as Dissolution of Marriage and is conducted as a civil action, with one party, the Petitioner, filing a Petition for divorce, and the other party being named as a Respondent.
Residency Requirement: To file for divorce in Utah, either spouse must be a bona fide resident of the state and must have lived in the county of filing for the three months immediately preceding commencement of the action.
Filing: The Petition may be filed in the district court of the county where either spouse resides. If the Petitioner is a member of the armed forces of the U.S. who are not legal residents of this state, he/she may file for divorce if he has been stationed in the state for the three months immediately preceding the commencement of the action. No hearing for decree of divorce may generally be held until 90 days have elapsed from the filing of the complaint, provided the court may make interim orders that are just and equitable. The 90-day period shall not apply, however, in any case where both parties have completed the mandatory education course for divorcing parents.
Spouse’s Name: Although there are no statutory provisions for the restoration of a spouse’s name when divorcing, either spouse may request that his/her former name be restored on the Petition or the judge will honor the request.
Legal Grounds for Divorce
The court may decree dissolution of marriage for any of the following grounds:
• Impotency of the Respondent at the time of the marriage;
• Adultery committed by the Respondent after entering into the marriage;
• Willful desertion of the Petitioner by the Respondent for more than one year;
• Willful neglect of the Respondent to provide for the Petitioner the common necessities of life;
• Habitual drunkenness of the Respondent;
• Conviction of the Respondent for a felony;
• Cruel treatment of the Petitioner by the Respondent to the extent of causing bodily injury or great mental distress to the Petitioner;
• Irreconcilable differences of the marriage;
• Incurable insanity; or
• The spouses have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.
Annulment
The following are prohibited and void marriages and they may be annulled for these causes:
• Marriages between parents and children;
• Marriages between ancestors and descendants of every degree;
• Marriages between brothers and sisters (half or whole);
• Marriages between uncles and nieces or aunts and nephews;
• Marriages between first cousins (unless both parties are 65 years of age or older, or if both parties are 55 years of age or older, upon a finding by the court that either party is unable to reproduce);
• Marriages between any persons related to each other within and not including fifth degree of consanguinity;
• When there is a husband or wife living, from whom the person marrying has not been divorced;
• Either party is at least 16, but under 18 years of age and has not obtained parental consent;
• Either party is under 16 years of age at the time the parties attempt to enter into the marriage, unless the party is 15 years of age and has obtained judicial consent;
• Marriage between persons of the same sex; and
• Re-marriage to a different spouse before the divorce decree becomes absolute, or in the case of an appeal, before the affirmance of the decree.
When there is doubt regarding the validity of a marriage, either party may demand its avoidance or affirmance in a court where either party is domiciled. However, when one of the parties was under the age of consent at the time of the marriage, the other party of proper age may not have cause against the party under age. The court shall either declare the marriage valid or annulled. A marriage may also be annulled for any of the annulment grounds existing at common law.
Property Division
In all dissolution and separate maintenance actions, the court and judge have jurisdiction over the distribution of property. Utah is an equitable distribution state. Therefore, marital property shall be distributed fairly and equitably. The court shall include the following in every decree of divorce:
• An order specifying which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or incurred during marriage;
• An order requiring the parties to notify respective creditors or obliges, regarding the court’s division of debts, obligations, or liabilities and regarding the parties’ separate current addresses;
• Provisions for the enforcement of these orders; and
• Provisions for income withholding.
When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in dividing the marital property. If one spouse’s earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make a compensating adjustment in dividing the marital property.
Alimony and Support
In all dissolution and separate maintenance actions, the court and judge have jurisdiction over the payment of alimony.
When determining alimony, the court shall consider, at a minimum, the following factors:
• The financial condition and needs of the requesting spouse;
• The requesting spouse’s earning capacity or ability to produce income;
• The ability of the paying spouse to provide support;
• The length of the marriage
• Whether the requesting spouse has custody of minor children requiring support;
• Whether the requesting spouse worked in a business owned or operated by the paying spouse; and
• Whether the requesting spouse directly contributed to any increase in the paying spouse’s skill by paying for education received by the paying spouse or allowing the paying spouse to attend school during the marriage.
The court may consider the fault of the parties when making its determination regarding alimony. When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in determining the amount of alimony. If one spouse’s earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make a compensating adjustment in awarding alimony. In determining alimony when a marriage of short duration dissolves, and no children have been conceived or born during the marriage, the court may consider restoring each party to the condition which existed at the time of the marriage. Alimony may not be ordered for a duration longer than the number of years that the marriage existed unless, at any time prior to termination of alimony, the court finds extenuating circumstances that justify the payment of alimony for a longer period of time. Unless otherwise stated in the divorce decree, any order for payment of alimony to a former spouse automatically ends upon the remarriage or death of that former spouse, unless the remarriage is annulled and found to be void. In that case, alimony shall resume, provided that the paying spouse was made a party to the action of annulment and his/her rights have been determined. Any order for payment of alimony to a former spouse terminates upon establishment by the paying party that the former spouse is cohabitating with another person.
Child Custody and Support
In all dissolution and separate maintenance actions, the court and judge have jurisdiction over the custody and maintenance of minor children.
Custody: The court shall consider joint custody in every case, but may award any form of custody which is determined to be in the best interest of the child. If the court finds that one parent does not desire custody of the child, it shall take that evidence into consideration in determining whether to award custody to the other parent. In determining whether the best interest of a child will be served by ordering joint legal or physical custody, the court shall consider the following factors:
• Whether the physical, psychological and emotional needs and development of the child will benefit from joint legal or physical custody;
• 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;
• 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;
• Whether both parents participated in raising the child before the divorce;
• The geographical proximity of the homes of the parents;
• 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;
• The maturity of the parents and their willingness and ability to protect the child from conflict that may arise between the parents;
• The past and present ability of the parents to cooperate with each other and make decisions jointly;
• Any history of, or potential for, child abuse, spouse abuse, or kidnapping; and any other factors the court finds relevant.
When determining any form of custody, in addition to the aforementioned criteria, the court shall consider the best interests of the child, the following factors, and any others the court finds relevant:
• The past conduct and demonstrated moral standards of each of the parties;
• Which parent is most likely to act in the best interest of the child, including allowing the child frequent and continuing contact with the non-custodial parent; and
• The extent of bonding between the parent and child, meaning the depth, quality, and nature of the relationship between a parent and child.
The court may inquire of the children and take into consideration the children’s desires regarding future custody or parent-time schedules but the expressed desires are not controlling and the court may determine the children’s custody or parent-time otherwise. The desires of a child 16 years of age or older shall be given added weight, but is not the single controlling factor.
Legal Separation and Separate Maintenance
A Petitioner may file an action for a temporary separation order without filing a Petition for Divorce, by filing a Petition for Temporary Separation and a Motion for Temporary Orders if the spouses are lawfully married and both have been residents of the state for at least 90 days prior to the date of filing. The temporary orders are valid for one year from the date of the hearing, or until either a Petition for Divorce is filed and consolidated with the temporary separation Petition, or the case is dismissed.
Separate Maintenance
In a legal separation, the parties live separately, but remain spouses legally married to one another. The couple’s rights and duties to one another are set forth in a Decree of Legal Separation, which covers such matters as custody and child support, spousal support, division of property and payment of debts. In Utah, this is referred to as separate maintenance.
The grounds for legal separation are as follows:
• A party who has sufficient ability to provide support, neglects or refuses to properly provide for and suitably maintain his/her spouse;
• A party deserts his/her spouse without good and sufficient cause;
• A party who has property in the state and his/her spouse is a resident of the state, deserts or neglects or refuses to provide support; or
• A party, without fault, lives separate and apart from his/her spouse.
If a married resident of Utah files a Complaint for Separate Maintenance, the district court may allot, assign, set apart and decree as alimony the use of the real and personal estate or earnings of a deserting spouse as the court may determine appropriate. Practice and proceeding for actions for separate maintenance shall be the same as near as may be as in actions for divorce; but the action may be brought in any county where the wife or husband may be found.
In all actions for separate maintenance, the court may order the following by order or decree:
• Provide for the care, custody, and maintenance of the minor children of the parties and determine with which of the parties the children or any of them shall remain;
• Provide for support of either spouse and the support of the minor children living with that spouse;
• Provide how and when support payments shall be made, and provide that either spouse have a lien upon the property of the other to secure payment of the support or maintenance obligations;
• Award to either spouse the possession of any real or personal property of the other spouse, or acquired by the spouses during marriage;
• Specify which party is responsible for the payment of joint debts, obligations, or liabilities contracted or incurred by the parties during the marriage;
• Require the parties to notify respective creditors or obliges regarding the court’s division of debts, obligations, and liabilities and regarding the parties’ separate, current addresses; and
• Provide for the enforcement of these orders.
Equitable Distribution vs. Community Property
There are two ways states divide marital property: equitable distribution and community property. Utah is an equitable distribution or common law state, which is the majority marital property legal system. However, large numbers of people, especially in the Western U.S., live in community property states. This means marital property in Utah isn’t automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce. In Utah, marital property is divided “equitably” or fairly, which may not be an even 50-50. Usually for longer marriages, it is about 50% to each party. For short-term marriages, the court generally puts people back to their position before the marriage, such as giving people what they had before the marriage and typically what they made during the marriage. Parties can agree on how they want to divide the property outside of court, but a judge will review it to ensure it’s fair.
Utah
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Utah
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|---|---|
| State of Utah | |
| Nickname(s):
“Beehive State” (official), “The Mormon State”, “Deseret”
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| Motto:
Industry
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| Anthem: “Utah…This Is the Place“ | |
Map of the United States with Utah highlighted
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| Country | United States |
| Before statehood | Utah Territory |
| Admitted to the Union | January 4, 1896 (45th) |
| Capital (and largest city) |
Salt Lake City |
| Largest metro and urban areas | Salt Lake City |
| Government | |
| • Governor | Spencer Cox (R) |
| • Lieutenant Governor | Deidre Henderson (R) |
| Legislature | State Legislature |
| • Upper house | State Senate |
| • Lower house | House of Representatives |
| Judiciary | Utah Supreme Court |
| U.S. senators | Mike Lee (R) Mitt Romney (R) |
| U.S. House delegation | 1: Blake Moore (R) 2: Chris Stewart (R) 3: John Curtis (R) 4: Burgess Owens (R) (list) |
| Area | |
| • Total | 84,899 sq mi (219,887 km2) |
| • Land | 82,144 sq mi (212,761 km2) |
| • Water | 2,755 sq mi (7,136 km2) 3.25% |
| • Rank | 13th |
| Dimensions | |
| • Length | 350 mi (560 km) |
| • Width | 270 mi (435 km) |
| Elevation | 6,100 ft (1,860 m) |
| Highest elevation | 13,534 ft (4,120.3 m) |
| Lowest elevation | 2,180 ft (664.4 m) |
| Population
(2020)
|
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| • Total | 3,271,616[4] |
| • Rank | 30th |
| • Density | 36.53/sq mi (14.12/km2) |
| • Rank | 41st |
| • Median household income | $60,365[5] |
| • Income rank | 11th |
| Demonym | Utahn or Utahan[6] |
| Language | |
| • Official language | English |
| Time zone | UTC−07:00 (Mountain) |
| • Summer (DST) | UTC−06:00 (MDT) |
| USPS abbreviation |
UT
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| ISO 3166 code | US-UT |
| Traditional abbreviation | Ut. |
| Latitude | 37° N to 42° N |
| Longitude | 109°3′ W to 114°3′ W |
| Website | utah |
| hideUtah state symbols | |
|---|---|
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| Living insignia | |
| Bird | California gull |
| Fish | Bonneville cutthroat trout[7] |
| Flower | Sego lily |
| Grass | Indian ricegrass |
| Mammal | Rocky Mountain Elk |
| Reptile | Gila monster |
| Tree | Quaking aspen |
| Inanimate insignia | |
| Dance | Square dance |
| Dinosaur | Utahraptor |
| Firearm | Browning M1911 |
| Fossil | Allosaurus |
| Gemstone | Topaz |
| Mineral | Copper[7] |
| Rock | Coal[7] |
| Tartan | Utah State Centennial Tartan |
| State route marker | |
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| State quarter | |
Released in 2007
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| Lists of United States state symbols | |
Utah (/ˈjuːtɑː/ YOO-tah, /ˈjuːtɔː/ (
listen) YOO-taw) is a landlocked state in the Mountain West subregion of the Western United States. It is bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its west by Nevada. Utah also touches a corner of New Mexico in the southeast. Of the fifty U.S. states, Utah is the 13th-largest by area; with a population over three million, it is the 30th-most-populous and 11th-least-densely populated. Urban development is mostly concentrated in two areas: the Wasatch Front in the north-central part of the state, which is home to roughly two-thirds of the population and includes the capital city, Salt Lake City; and Washington County in the southwest, with more than 180,000 residents.[8] Most of the western half of Utah lies in the Great Basin.
Utah has been inhabited for thousands of years by various indigenous groups such as the ancient Puebloans, Navajo and Ute. The Spanish were the first Europeans to arrive in the mid-16th century, though the region’s difficult geography and harsh climate made it a peripheral part of New Spain and later Mexico. Even while it was Mexican territory, many of Utah’s earliest settlers were American, particularly Mormons fleeing marginalization and persecution from the United States. Following the Mexican–American War in 1848, the region was annexed by the U.S., becoming part of the Utah Territory, which included what is now Colorado and Nevada. Disputes between the dominant Mormon community and the federal government delayed Utah’s admission as a state; only after the outlawing of polygamy was it admitted in 1896 as the 45th.
People from Utah are known as Utahns.[9] Slightly over half of all Utahns are Mormons, the vast majority of whom are members of the Church of Jesus Christ of Latter-day Saints (LDS Church), which has its world headquarters in Salt Lake City;[10] Utah is the only state where a majority of the population belongs to a single church.[11] The LDS Church greatly influences Utahn culture, politics, and daily life,[12] though since the 1990s the state has become more religiously diverse as well as secular.
Utah has a highly diversified economy, with major sectors including transportation, education, information technology and research, government services, mining, and tourism. Utah has been one of the fastest growing states since 2000,[13] with the 2020 U.S. census confirming the fastest population growth in the nation since 2010. St. George was the fastest-growing metropolitan area in the United States from 2000 to 2005.[14] Utah ranks among the overall best states in metrics such as healthcare, governance, education, and infrastructure.[15] It has the 14th-highest median average income and the least income inequality of any U.S. state. Over time and influenced by climate change, droughts in Utah have been increasing in frequency and severity,[16] putting a further strain on Utah’s water security and impacting the state’s economy.[17]
Etymology
The name Utah is said to derive from the name of the Ute tribe, meaning ‘people of the mountains’.[18] However, no such word actually exists in the Utes’ language, and the Utes refer to themselves as Noochee. The meaning of Utes as ‘the mountain people’ has been attributed to the neighboring Pueblo Indians,[19] as well as to the Apache word Yuttahih, which means ‘one that is higher up’ or ‘those that are higher up’.[18] In Spanish, it was pronounced Yuta; subsequently, English-speaking people may have adapted the word as Utah.[20]
Geography and geology
Utah county boundaries
Utah is known for its natural diversity and is home to features ranging from arid deserts with sand dunes to thriving pine forests in mountain valleys. It is a rugged and geographically diverse state at the convergence of three distinct geological regions: the Rocky Mountains, the Great Basin, and the Colorado Plateau.
Utah covers an area of 84,899 sq mi (219,890 km2). It is one of the Four Corners states and is bordered by Idaho in the north, Wyoming in the north and east, by Colorado in the east, at a single point by New Mexico to the southeast, by Arizona in the south, and by Nevada in the west. Only three U.S. states (Utah, Colorado, and Wyoming) have exclusively latitude and longitude lines as boundaries.
One of Utah’s defining characteristics is the variety of its terrain. Running down the middle of the state’s northern third is the Wasatch Range, which rises to heights of almost 12,000 ft (3,700 m) above sea level. Utah is home to world-renowned ski resorts made popular by light, fluffy snow and winter storms that regularly dump up to three feet of it overnight. In the state’s northeastern section, running east to west, are the Uinta Mountains, which rise to heights of over 13,000 feet (4,000 m). The highest point in the state, Kings Peak, at 13,528 feet (4,123 m),[43] lies within the Uinta Mountains.
At the western base of the Wasatch Range is the Wasatch Front, a series of valleys and basins that are home to the most populous parts of the state. It stretches approximately from Brigham City at the north end to Nephi at the south end. Approximately 75 percent of the state’s population lives in this corridor, and population growth is rapid.
Western Utah is mostly arid desert with a basin and range topography. Small mountain ranges and rugged terrain punctuate the landscape. The Bonneville Salt Flats are an exception, being comparatively flat as a result of once forming the bed of ancient Lake Bonneville. Great Salt Lake, Utah Lake, Sevier Lake, and Rush Lake are all remnants of this ancient freshwater lake,[44] which once covered most of the eastern Great Basin. West of the Great Salt Lake, stretching to the Nevada border, lies the arid Great Salt Lake Desert. One exception to this aridity is Snake Valley, which is (relatively) lush due to large springs and wetlands fed from groundwater derived from snow melt in the Snake Range, Deep Creek Range, and other tall mountains to the west of Snake Valley. Great Basin National Park is just over the Nevada state line in the southern Snake Range. One of western Utah’s most impressive, but least visited attractions is Notch Peak, the tallest limestone cliff in North America, located west of Delta.
Much of the scenic southern and southeastern landscape (specifically the Colorado Plateau region) is sandstone, specifically Kayenta sandstone and Navajo sandstone. The Colorado River and its tributaries wind their way through the sandstone, creating some of the world’s most striking and wild terrain (the area around the confluence of the Colorado and Green Rivers was the last to be mapped in the lower 48 United States). Wind and rain have also sculpted the soft sandstone over millions of years. Canyons, gullies, arches, pinnacles, buttes, bluffs, and mesas are the common sights throughout south-central and southeast Utah.
This terrain is the central feature of protected state and federal parks such as Arches, Bryce Canyon, Canyonlands, Capitol Reef, and Zion national parks, Cedar Breaks, Grand Staircase–Escalante, Hovenweep, and Natural Bridges national monuments, Glen Canyon National Recreation Area (site of the popular tourist destination, Lake Powell), Dead Horse Point and Goblin Valley state parks, and Monument Valley. The Navajo Nation also extends into southeastern Utah. Southeastern Utah is also punctuated by the remote, but lofty La Sal, Abajo, and Henry mountain ranges.
Eastern (northern quarter) Utah is a high-elevation area covered mostly by plateaus and basins, particularly the Tavaputs Plateau and San Rafael Swell, which remain mostly inaccessible, and the Uinta Basin, where the majority of eastern Utah’s population lives. Economies are dominated by mining, oil shale, oil, and natural gas-drilling, ranching, and recreation. Much of eastern Utah is part of the Uintah and Ouray Indian Reservation. The most popular destination within northeastern Utah is Dinosaur National Monument near Vernal.
Southwestern Utah is the lowest and hottest spot in Utah. It is known as Utah’s Dixie because early settlers were able to grow some cotton there. Beaverdam Wash in far southwestern Utah is the lowest point in the state, at 2,000 feet (610 m).[43] The northernmost portion of the Mojave Desert is also located in this area. Dixie is quickly becoming a popular recreational and retirement destination, and the population is growing rapidly. Although the Wasatch Mountains end at Mount Nebo near Nephi, a complex series of mountain ranges extends south from the southern end of the range down the spine of Utah. Just north of Dixie and east of Cedar City is the state’s highest ski resort, Brian Head.
Like most of the western and southwestern states, the federal government owns much of the land in Utah. Over 70 percent of the land is either BLM land, Utah State Trustland, or U.S. National Forest, U.S. National Park, U.S. National Monument, National Recreation Area or U.S. Wilderness Area.[45] Utah is the only state where every county contains some national forest.[46]
About Salt Lake City, Utah
Neighborhoods in Salt Lake City, Utah
Poplar Grove, The Avenues, Ballpark, Lower Avenues, Downtown, Woodbury, Central City, Salt Lake City Community Development, Neighborhood House, Rio Grande, Neighborhood Services, University Neighborhood Partners, Salt Lake City, Neighborhood Auto Service, Sunnyside Park, Building at Rear, 537 West 200 South, Washington Square Park, Area 51, Brigham Young Historic Park, 9th & 9th
Things To Do in Salt Lake City, Utah
Bus Stops in Salt Lake City, Utah to Parklin Law
Bus Stop in Greyhound: Bus Station Salt Lake City, Utah to Parklin Law
Bus Stop in Greyhound: Bus Stop Salt Lake City, Utah to Parklin Law
Bus Stop in Salt Lake Central Salt Lake City, Utah to Parklin Law
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Bus Stop in 200 S / 1000 E (EB) Salt Lake City, Utah to Parklin Law
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Bus Stop in South Salt Lake City Station Salt Lake City, Utah to Parklin Law
Bus Stop in Greyhound: Bus Stop Salt Lake City, Utah to Parklin Law
Bus Stop in State St @ 1428 S Salt Lake City, Utah to Parklin Law
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Driving Directions in Salt Lake City, Utah to Parklin Law
Driving Directions from The Grand America Hotel to Salt Lake City, Utah
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Reviews for Parklin Law Salt Lake City, Utah
Lloyd Corbin
When it comes to estate planning, these guys know what they are doing. Very helpful customer service. I'm glad to give them a 5 star rating.
Frank Weber
I called and needed help with a complete estate plan. I wanted a last will and testament, a durable power of attorney, a health care directive in Utah, and a I wanted a revocable living trust. They were able to get them all done for me for a flat fee. Very professional. Highly recommended.
