Divorce Law Basics in the State of Utah

Also See: Utah Marriage Laws

Statute: Utah State Divorce Code (Title 30, Chapter 3): le.utah.gov

No-Fault Grounds:

• Irreconcilable differences
• Living separately without cohabitation for at least three consecutive years

At-Fault Grounds:

• Impotency at the time of marriage
• Adultery

• Willful desertion for a period of more than one year
• Willful neglect to provide the basic necessities of life
• Habitual drunkenness
• Conviction of a felony

• Cruel treatment
• Incurable insanity

Residency: Either party must be a resident of the state and county for at least three months prior to filing

Counseling Requirements: The court may require the parties to attend a mandatory educational course when children are involved

Property Distribution: Utah relies on “equitable distribution” so the court will distribute the marital property “in an equitable manner if the parties can’t agree on their own. Separate property (property acquired prior to the marriage, as a gift or through inheritance) is not included in property distribution.

Alimony: Alimony may be awarded to either party at the discretion of the court. Fault may be considered.