Utah

Marriage & Family Law Home

In the state of Utah, during or following a divorce or legal separation, the court will consider whether either spouse is in need of alimony. The decision of the court will take into consideration a few main points and any other factors they find relevant to the specific case at hand.

Factors to be taken into consideration by the court include, but are not limited to:

• The financial condition and needs of the recipient spouse



• The recipient's earning capacity or ability to produce i ....... Click here to get more info on Alimony

The court shall include the following in every decree of divorce:

• an order assigning responsibility for the payment of reasonable and necessary medical and dental expenses of the dependent children including responsibility for health insurance out-of-pocket expenses such as co-payments, co-insurance, and deductibles



• if coverage is or becomes available at a reasonable cost, an order requiring the purchase and maintenance of appropriate health, hospital, and dental care insurance for the dependent children



• a designation of which health, hospital, or dental insurance plan is primary and which health, hospital, or dental insurance plan is secondary in accordance with the provisions of Section 30-3-5.4 which will take effect if at any time a dependent child is cove ....... Click here to get more info on Child Support

In determining any form of custody, the court will consider the best interests of the child without preference for either parent, and factors the court finds relevant, including the following:

• the past moral standards demonstrated by each party



• which parent is most likely to act in the best interest of the child, including allowing frequent contact with the other parent



• the relationship between the parent and child



• whether the parent has intentionally exposed the child to pornography or other material harmful to a minor

There is a rebuttable presumption that joint legal custody is in the best interest of the child, except in cases where there is:

• domestic violence in the home or in the presence of the child



• special physical or mental needs of a parent or child that would make joint legal custody unreasonable



• physical distance between the residences of the parents that would make joint decisions impractical



• any other factor the court finds relevant

The person desiring joint legal custody will file a proposed parenting plan. Joint legal custody can be rebutted by showing evidence that it is not in the best interest of the child.

To determine whether or not the best interest of a child is ordering joint custody, ....... Click here to get more info on Custody

In Utah a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds.

Grounds for divorce include:

• adultery



• cruelty/violence toward the other spouse



• desertion



• drug/alcohol addiction



• i ....... Click here to get more info on Divorce

Utah law states that a biological parent of a minor child may request visitation rights as part of an open divorce, parentage or custody case or may file a petition for visitation in none of these circumstances apply. ....... Click here to get more info on Visitation

Under Utah law, marital property is that which is acquired or is a direct result of the labor and investments of the parties during the marriage is subject to equitable division. ....... Click here to get more info on Property Division