Utah Family Laws

The filing fee for a divorce petition in Utah is $325. Fee waivers are available for those who cannot afford to pay.

If the couple has minor children, both parents must complete a Divorce Orientation ($30) and a Divorce Education Class ($35) -- total $65 per parent.

Unlike many states that require only state-level residency, Utah requires 90 days of residency in the specific county where the petition is filed.

Utah permits both no-fault and fault-based grounds. No-fault: irreconcilable differences. Fault-based grounds include adultery, impotency, willful desertion (1+ year), willful neglect to provide, habitual drunkenness, conviction of a felony, cruel treatment, and incurable insanity.

Marital property is divided equitably (fairly, not necessarily equally). The court considers marriage duration, each spouse's age and health, occupation, income sources, and contributions to the marriage. Separate property (owned before marriage, gifts, inheritances) generally stays with the original owner.

Custody is determined by the best interests of the child. Factors include evidence of domestic violence/abuse, each parent's understanding of the child's developmental needs, willingness to allow contact with the other parent, the child's wishes (considering maturity), who has been the primary caretaker, and the strength of the parent-child bond. No gender-based preference.

There is a rebuttable presumption that joint legal custody is in the best interest of the child. The presumption can be overcome by evidence of domestic violence, special needs of a parent or child, physical distance making joint decisions impractical, or other relevant factors.

Utah uses the income shares model. Both parents' gross incomes are combined and the base obligation is determined from a statutory table. Each parent pays their proportionate share based on their percentage of combined income. Low-income adjustments apply when a parent earns between $650 and $1,050/month.

The court considers: financial condition and needs of the recipient, recipient's earning capacity, ability of the payor to provide support, standard of living during the marriage, length of the marriage, and fault (adultery, wasting assets). Alimony generally cannot exceed the length of the marriage, though courts may extend it for extenuating circumstances.

Victims of domestic violence can obtain a cohabitant protective order directing the abuser to move out, cease contact, and surrender firearms. "Abuse" includes intentionally causing physical harm or placing a cohabitant in reasonable fear of imminent physical harm. The order remains in effect for 150 days (temporary) or indefinitely (permanent) until modified by the court.