Frequently Asked Questions About Utah Family Law
Q. How long does a divorce take in Utah?
A. Under Utah Code § 30-3-18, there is a mandatory 30-day waiting period after a divorce is filed before it can be granted. Uncontested divorces where both parties agree on all terms can sometimes be finalized shortly after that period passes. Contested divorces involving disputed custody, property, or support typically take several months to over a year, depending on complexity and whether the case goes to trial.
Q. Can a parent relocate with a child after a custody order is in place?
A. Yes, but with strict requirements. Under Utah Code § 30-3-37, a custodial parent must give 60 days’ written notice before moving 150 or more miles away. The other parent may object and request a hearing, where the court will weigh the best interests of the child and adjust parenting time accordingly.
Q. How does Utah calculate child support when custody is shared equally?
A. Utah uses an adjusted formula under Utah Code § 78B-12-208 when parents share overnights relatively equally. The formula accounts for each parent’s gross income and the actual number of overnights each parent has with the child. Parents with more than 110 overnights per year are generally calculated under the joint custody formula.
Q. Is Utah a community property state?
A. No. Utah is an equitable distribution state. Courts divide marital property in a way that is fair given the circumstances, not automatically 50/50. Factors include the length of the marriage, each spouse’s contributions including homemaking, each spouse’s earning capacity, and the economic situation each will face after the divorce.
Q. What qualifies as a substantial change in circumstances for a modification?
A. To modify an existing custody or support order, the petitioning party must show a substantial change in circumstances since the last order was entered. Courts have recognized changes such as a significant income shift, a parent’s relocation, a change in the child’s needs, or evidence the existing arrangement is harming the child. The threshold is real, and filing a modification without solid factual support can be costly.
Q. How does Utah determine how long alimony lasts?
A. Under Utah Code § 30-3-5, courts use the length of the marriage as a general benchmark for alimony duration, though this is a guideline rather than a hard rule. Alimony terminates automatically upon the death of either party, the recipient’s remarriage, or the recipient’s cohabitation with a new partner.