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Utah Divorce Laws

Divorce, or the dissolution of marriage in legal terms, is regulated by state laws, as are marriage and other family matters. State divorce laws determine which grounds are acceptable for divorce, whether the parties are even eligible for divorce, and the steps required to finalize the divorce. Some states also have waiting periods, require at least one party to be a resident for a certain period of time, or mandate legal separation prior to divorce.

"no-fault" divorce may be obtained in every state, which means neither party is responsible for the divorce, typically stated on court documents as "irreconcilable differences" or "irretrievable breakdown." However, states will grant a divorce if one of the parties is able to prove cause, such as bigamy or domestic violence.

The following article provides a brief overview of divorce laws in the state of Utah.

Divorce Laws in Utah: At a Glance

No matter what your individual circumstances are, a couple seeking a divorce must comply with the following divorce laws before they are able to divorce in Utah.

Code Sections

Utah Code Title 30, Chapter 3: Divorce

Residency Requirements

One party must be a bona fide resident of Utah for at least three months before commencing an action

Waiting Period

The waiting period lasts for 30 days

“No-Fault" Grounds for Divorce

Utah has two no-fault grounds for divorce: irreconcilable differences and legal separation for at least three years

Fault-Based Grounds for Divorce

  • Adultery committed by the respondent
  • Cruelty or domestic violence to extent that bodily injury or great mental distress is caused to the petitioner
  • Desertion of the petitioner for more than one year
  • Habitual drunkenness of the respondent
  • Impotency of the respondent at the time of marriage
  • Nonsupport or willful neglect to provide the petitioner with necessaries of life
  • Incurable insanity
  • Conviction of a felony by respondent

Note: State laws are always subject to change through the passage of new legislation, rulings in higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

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Learn How Utah Divorce Laws Will Affect You: Speak with a Lawyer

Remember that while it's possible to file for a divorce on your own, it may cost you more in your property or assets than you'd like to give up. So, if you're ready to get a divorce, it's important to speak with an experienced divorce attorney in Utah to understand your rights and the financial implications of getting divorced.

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  • Divorces are tough and a lawyer can seek the best outcome
  • A lawyer can help protect your children's interests
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