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Divorce in Utah

Utah is nicknamed The Beehive State, and here divorce is referred to as Dissolution of Marriage and is conducted as a civil action with a petitioner and a respondent.

To file for divorce in Utah, either spouse must be a bona fide resident of the state and must have lived in the county where you file for at least three months before filing for divorce. A member of the U.S. armed forces who’s not a legal resident of Utah can still file for divorce in Utah if s/he has been stationed in the state for at least three months before filing.1

Utah is a no-fault divorce state with fault-based grounds for divorce. The judge may grant you a no-fault divorce based on “irreconcilable differences”; or when having a legal separation for three years in a row. At-fault reasons for divorce in Utah include impotence, habitual drunkenness, incurable insane, cruelty, adultery, willful desertion, willful neglect, or conviction for a felony.2

Utah is an equitable distribution property state, and only property acquired during the marriage is subject to division. Utah divorce laws attempt to divide marital property in a manner believed to be fair and equitable. The judge will consider factors such as non-monetary contributions during the property division case.3

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1Utah Code § 30-3-1(2)

2Utah Code § 30-3-1(3)(a)-(j)

3Utah Code § 30-3-5

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