Utah Divorce Laws

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Divorce is a personal thing for a couple. It ends the union of two people caused by marriage. Though it is a private issue between a couple, it is to be carried out according to the family laws. The laws that determine the requirements and rules for divorce, are known as divorce laws. Utah divorce laws explain the specifications in the legal jurisdiction in the state. It is necessary to know some details mentioned in these laws before applying for a divorce in Utah.

Utah Divorce Laws regarding Child Support

The ratio of the total incomes of the parents to the number of children is the formula to decide the child support obligation, except when the low income table is applicable. The Utah child support guidelines are used to determine the base combined child support obligation. The parents are asked to pay a proportionate share of this obligation. The laws for child support are based on the codes 78-45-7.11, 30-3-5.1 and 30-3-5 of the state. While determining child support, the educational and intellectual needs of the children are taken into consideration. Also, other obligations on both partners are a matter of consideration for measuring the total amount of child support.

Utah Divorce Laws regarding Child Custody

Child custody is an important factor in a divorce procedure. The matter has to handled carefully as it can lead to drastic effects on the child. If the parents decide the terms of custody and visitation, the court has to go through the agreement and approve it, ensuring that it is in the best interests of the child. The Court initially considers joint custody, but after contemplating over the below mentioned factors, it may order a single parent custody.

  • If the Court considers that the child has enough ability and age to reason and form an intelligent preference, then the preference of the child regarding joint legal and physical custody is taken into account.
  • The geographical proximity of the houses of the parents.
  • Prior to the divorce, the participation of both the parents in raising the child.
  • The capability of each parent to promote and accept a positive relation between the other parent and the child. This includes sharing of, affection and love between the other parent and the child.
  • Whether the parents are able to prioritize the welfare of the child and develop the habit of joint decisions in the best interests of the child.
  • Whether joint legal and physical custody will result in a profit of the development, emotional, psychological and physical needs of the child.
  • Have there been any incidences of kidnapping, spouse abuse or child abuse in the past. The court may look into the possibilities of having these incidences again in future.
  • Understanding of the parents to cooperate with each other and share the thoughts about the upbringing of the child. This is determined taking into consideration some past and present incidents.
  • The capacity and readiness of the parents to safeguard the child from conflict that occurs amongst the parents.
  • Other issues that the Court finds relevant.

Alteration of Name

After divorce, if the wife desires to restore her maiden name, there is no specific provision for this. However, there exists a general provision as per which any person who wishes to alter the name should file a petition in the district court of the county where they live. Such an individual should furnish the following details:

  • The proposed name
  • The reason as to why the name is being altered.
  • Proof that this individual was a bona fide resident of the county for one year immediately before the petition for divorce was filed.

Spousal Support

Spousal support is one of the monitory obligations related to divorce. A partner can request alimony if he or she cannot be self-independent after divorce. While making a decision regarding spousal support, the Court speculates the following issues -

  • The duration of married life
  • The capacity of the spouse from whom alimony is expected to offer support
  • The capacity of the spouse requesting alimony to produce income
  • The economical condition and requirements of the recipient partner
  • If the spouse has given any contribution to the career of other one. The contribution can be a monitory or supportive.

The order of spousal support can be altered in the court under some circumstances. Reasons such as remarriage of the beneficiary partner, live-in relationship of the partner receiving alimony, etc., can alter the decision of alimony.

The above mentioned points could prove useful while filing a petition for divorce in the state of Utah.

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