What are the divorce laws in Utah?

In 1987 Utah passed a law that allows divorce when there are “irreconcilable differences” such as when the parties can no longer “pursue the legitimate purposes of the marriage.” Under this law one party doesn’t have to blame the other but may simply tell the court that the marriage is “no longer working.” This is what …

How is property divided in a divorce in Utah?

How property is divided in a divorce. Utah law requires an equitable division of marital property. Equitable means fair, which is not necessarily equal. … For long-term marriages, equitable may mean a 50-50 split, or the court may decide that it is fair to give one party more or less than 50% of the property.

How long do you have to be separated before divorce in Utah?

Utah law requires that there be 30 days between the date the petition is filed and the date the decree is signed. A party can ask the court to waive the waiting period for extraordinary circumstances.

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How many years do you have to be married to get alimony in Utah?

The length of alimony is different in each case, however Utah law mandates that a spouse may receive alimony for up to the number of years that the marriage lasted. So if a couple was married for 15 years, alimony could be awarded for up to 15 years. This is up to the discretion of the court.

What is the average cost of a divorce in Utah?

The average total cost of a Utah divorce is only $3,000 to $3,500 in cases with no contested issues. (Learn more about uncontested divorce in Utah.) When Utah couples have disputes but are able to settle them without going to trial, the average cost is $4,300-$5,100 for one dispute and $7,500-$8,000 for two or more.

Do judges care about adultery in divorce?

For most cases, it does not really matter to the judge. … A judge and the couple do not need to waste time and money because each spouse is endlessly arguing that the other is at fault. A cheating spouse might claim the marriage was already over emotionally; therefore adultery was not a factor in the break-up.

Do I get half of my husband’s 401k in a divorce?

Any funds contributed to the 401(k) account during the marriage are marital property and subject to division during the divorce, unless there is a valid prenuptial agreement in place. … For example, if your spouse also has a retirement account worth a similar amount, you may each decide to keep your own accounts.

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Is Utah a 50 50 divorce state?

Utah is an equitable distribution or common law state, which is the majority marital property legal system. … In Utah, marital property is divided “equitably” or fairly, which may not be an even 50-50. Usually for longer marriages, it is about 50% to each party.

Is it illegal to cheat on your spouse in Utah?

In Utah, adultery is defined as a married person having sexual intercourse voluntarily with someone other than that person’s spouse. Adultery is taken very seriously under Utah law and is a misdemeanor criminal offense.

Can you date while separated in Utah?

However, some states make a legal distinction between dating during separation and dating while living together as man and wife. In Utah, unless one spouse is clinically insane, couples can only file for divorce after a one-year separation period. … If the adultery occurs after the date of separation, it does not.

What is the average alimony payment in Utah?

Now, if the husband makes good money and is able to pay that entire amount each month, wife’s alimony award will be no more than $1,000. Utah divorce law is clear that the maximum alimony award a recipient spouse may receive is the amount of his or her “demonstrated need,” which in our example is $1,000 per month.

How can I avoid paying alimony in Utah?

Still, there might be legal options available to avoid having to pay alimony to your spouse in Utah:

  1. The financial condition and needs of your spouse do not meet the required threshold under Utah law;
  2. Your spouse’s earning capacity allows him or her to earn a living and produce income on their own;
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How does cheating affect a divorce?

If you’re unhappy in your marriage, then that is grounds enough for divorce. You don’t need to prove your spouse’s infidelity to end the marriage. With the advent of “no-fault” divorce, adultery no longer has a major impact on the outcome of your divorce.

What should you not do during a divorce?

Here are the top 10 tips on what to avoid when filing for divorce.

  • Don’t Get Pregnant. …
  • Don’t Forget to Change Your Will. …
  • Don’t Dismiss the Possibility of Collaborative Divorce or Mediation. …
  • Don’t Sleep With Your Lawyer. …
  • Don’t Take It out on the Kids. …
  • Don’t Refuse to See a Therapist. …
  • Don’t Wait Until After the Holidays.

Does it matter who files for divorce first in Utah?

Generally no, it doesn’t matter which spouse files for divorce. There is no legal advantage to filing the petition for divorce first; however, there may be strategical advantages. Whoever files the petition first chooses which court will be hearing the divorce.

Is it better to stay in an unhappy marriage?

A 2002 study found that two-thirds of unhappy adults who stayed together were happy five years later. They also found that those who divorced were no happier, on average, than those who stayed together. In other words, most people who are unhappily married—or cohabiting—end up happy if they stick at it.

After Divorce