Utah Divorce Resource I wrote the book on Utah Divorce, literally!
Utah Divorce Resource
Divorce and Family Law by Eric K. Johnson, Attorney At Law
Eric K. Johnson, Attorney
Utah Family Law, LC
801-450-0183 - Se Habla Espanol
eric@divorceutah.com

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* Q: Can I terminate paying child support if my ex-spouse is withholding parent-time or visitation from me?

A: No. The policy is that even if a parent withholds parent-time, it only hurts children worse to lose financial support for something that is not the fault of the children ...

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* Q: What is “no-fault” divorce, and does it exist in Utah?

A: It used to be that the only way you could get a divorce was if your spouse was “at fault.” No-fault divorce means that you can get a divorce without having to show your spouse is at fault. The majority of divorces are now no-fault divorces.

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* Q: When parents dispute child custody what standards apply in Utah to determine the child custody award?

A: Where there is a disputed between parents over child custody, the court decides the issue. Custody awards are based on the “best interests of the child” standard ...

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* Q: How is child support calculated?

A: Child support includes three components: a monthly monetary payment for reguar monthly expenses such as food, clothing and shelter, and other daily and monthly needs or expenses, healthcare (medical, dental, and hospital insurance), and child care expenses.

Grounds for Divorce In Utah

The grounds for seeking a divorce in Utah are as follows:

  • Adultery committed by the respondent subsequent to marriage
  • Impotency of the respondent at the time of 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 necessaries 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
  • Incurable insanity
  • When the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation
  • Irreconcilable differences of the marriage

A divorce based on irreconcilable differences of the marriage can mean a multitude of things, but ultimately it means that there is no reasonable hope that the marriage can continue.  In a case of divorce on the grounds of irreconcilable differences, the court may approve or reject a marital settlement agreement of the spouses.  Standard financial disclosure forms may be required to be filed.

Reference: Utah Code § 30-3-1

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