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Family Law

Divorce & Custody Basics

Divorce is rarely easy, but understanding how the process works in Utah can help you feel more prepared and less overwhelmed during a difficult time.

01How Divorce Works in Utah

Utah is a “no-fault” divorce state, meaning you don't have to prove wrongdoing to end a marriage—irreconcilable differences are enough. There's a mandatory waiting period after filing before a divorce can be finalized, and couples with minor children are typically required to attend an educational course. Many divorces settle through negotiation or mediation rather than a trial, which can save time, money, and stress.

02Dividing Property

Utah follows the principle of “equitable distribution,” which means marital property is divided fairly—though not always exactly in half. Assets and debts acquired during the marriage are generally subject to division, while property owned before the marriage may be treated as separate. Retirement accounts, homes, and debts all factor into the picture.

03Child Custody

Utah courts decide custody based on the best interests of the child. This includes both legal custody, which covers decision-making authority, and physical custody, which addresses where the child lives. Courts consider factors like each parent's relationship with the child, stability, and ability to co-parent. Utah generally encourages meaningful involvement from both parents when it serves the child's welfare.

04Child Support and Alimony

Child support in Utah is calculated using state guidelines based on both parents' incomes and the amount of parenting time. Alimony, or spousal support, may be awarded depending on factors like the length of the marriage, financial needs, and each spouse's earning capacity.

05Getting Support

Every family's situation is different, and the outcomes depend heavily on your specific facts.

Every situation is unique. This guide is provided by Stephen Knowlton, a Utah attorney, for general informational purposes only and does not constitute legal advice. Please consult a qualified attorney about your specific circumstances. This information applies to the State of Utah.

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