Utah Divorce Questions

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Divorcing partners need to get information related to legal terms and laws. There are various questions related to dissociation of marriage proceedings and related processes that would fill one's mind if they have or are filing for divorce. Here we have collated a list of important Utah divorce questions that would prove to be of great help to those who need information about divorce laws in this state.

The examples of Utah Divorce Questions are provided below:

Q. While sorting out the issue of child support, which are the important points considered by a divorce court?


  • Age of parents
  • Requirements of child
  • Standards of living
  • Income
  • Earning ability

Q. Is there a preference for parents on the basis of gender regarding child custody?

A. While resolving the issue of child custody, the issue of gender of the parent is strictly ignored. The interest of the child is the major point considered by the court. However, if the child is immature, the court takes into account certain points, some of which are as follows:

  • Financial stability of the divorcing partners
  • Attitude towards the child
  • Decisions taken in the past pertaining to the child by both the divorcing partners

Q. How is the issue of alimony resolved?

A. No fixed amount has been specified for alimony according to the divorce laws in this state. Prior to the determination of the amount of alimony, the court takes into account the standard of living of both the divorcing partners and the economical conditions of the same. Consider marriages that have lasted for a short duration and where there are no children. In such cases, the court takes into account the standards of living that were present at the time of marriage.

Q. Provide a brief regarding the process of mediation?

A. If both the divorcing partners make a request regarding undergoing mediation, then the court directs the divorcing parties to a mediator. The intent of mediation is to settle down the disputes in the divorce issues. If child custody is one of the issues in conflict, then it is advisable that the divorcing partners remain present for the counseling course on the effects of divorce on children. It must be borne in mind that mediation is a voluntary process. It is possible only when both the divorcing partners are willing to resolve their differences through the services of the mediator. If one spouse does not wish to mediate, then this process cannot happen.

Q. What are the grounds of dissociation of marriage that are recognized in Utah?

A. No Fault grounds

  • Irreconcilable differences between the parties
Fault grounds
  • Husband and wife have resided separately for 3 consecutive years in the absence of cohabitation under a Decree of separate maintenance of any state Incurable insanity
  • Inhuman and cruel treatment of the Petitioner that has resulted in great mental distress or bodily injury
  • A Felony conviction of the Respondent
  • Habitual drunkenness of the Respondent
  • Willful neglect of the Respondent to offer the Petitioner the common necessities of life
  • Willful neglect of the Petitioner by the Respondent for a span greater than 1 year
  • Adultery committed by the Respondent
  • Impotency of the Respondent when the marriage was contracted

Q. What factors are considered by the court in case of child support to conclude that deviation from the child support guidelines is justified?


  • The ages of the child and the parents
  • The requirements of the child and the parents
  • The earning potential of the parents
  • The relative income and wealth of the partners
  • The standard of life of the partners
  • Any other factors that are found reasonable and just

Q. In Utah, how is the marital property divided?

A. The marital property is divided equitably in Utah. Equitable distribution of property does not mean that 50 percent of the property is given to one divorcing partner and the rest to other. The court analyzes the divorce case and gives the property, other assets, and debts responsibilities to the divorcing partner, who the court feel entitles for the assets and suitable to take responsibility for the debts.

The factors considered by the court while dividing the martial property are as follows:

  • Length of marriage
  • Occupation of both the divorcing partners
  • Source of income
  • Age of the divorcing partners
The wrong doings by one or both the divorcing partners during their married life are not considered by the court during marital property division.

The Utah divorce questions and the answers to these questions would prove to be an important guideline to those who need information about divorce procedures in this state.

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