Utah Divorce and Family Law Blog

When a decree of divorce is rendered, the court may include orders relating to the children, property, debts or obligations, and parties. The court is required to include the following in every decree of divorce:

(1) an order assigning responsibility for the payment of reasonable and necessary medical and dental expenses of the dependent children;

(2) if coverage is or becomes available at a reasonable cost, an order requiring the purchase and maintenance of appropriate health, hospital, and dental care insurance for the dependent children;

(3) pursuant to Utah Code § 15-5-6.5, (a) an order specifying which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or incurred during marriage; (b) an order requiring the parties to notify respective creditors or obligees, regarding the court's division of debts, obligations, or liabilities and regarding the parties' separate, current addresses; and (c) provisions for the enforcement of these orders; and

(4) provisions for income withholding.

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The court will consider at least the following factors in determining alimony:

(1) the financial condition and needs of the recipient spouse;

(2) the recipient's earning capacity or ability to produce income;

(3) the ability of the payor spouse to provide support;

(4) the length of the marriage;

(5) whether the recipient spouse has custody of minor children requiring support;

(6) whether the recipient spouse worked in a business owned or operated by the payor spouse; and

(7) whether the recipient spouse directly contributed to any increase in the payor spouse's skill by paying for education received by the payor spouse or allowing the payor spouse to attend school during the marriage.

The court may also consider the fault of the parties in determining alimony.

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There is established a mandatory domestic mediation program to help reduce the time and tensions associated with obtaining a divorce. If, after the filing of an answer to a complaint of divorce, there are any remaining contested issues, the parties shall participate in good faith in at least one session of mediation. This requirement does not preclude the entry of pretrial orders before mediation takes place. The parties shall use a mediator qualified to mediate domestic disputes under criteria established by the Judicial Council in accordance with Utah Code § 78-31b-5. Unless otherwise ordered by the court or the parties agree upon a different payment arrangement, the cost of mediation shall be divided equally between the parties. The director of dispute resolution programs for the courts, the court, or the mediator may excuse either party from the requirement to mediate for good cause. Mediation is conducted in accordance with the Utah Rules of Court-Annexed Alternative Dispute Resolution.

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If a husband and wife having minor children are separated, or their marriage is declared void or dissolved, the court is required to provide for the future care and custody of the minor children as it considers appropriate.

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One spouse cannot stop a no fault divorce. Objecting to the other spouse's request for divorce is itself an irreconcilable difference that would justify the divorce.

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Like a divorce, an annulment is a court procedure that dissolves a marriage. But, unlike a divorce, an annulment treats the marriage as though it never happened. For some people, divorce carries a stigma, and they would rather their marriage be annulled. Others prefer an annulment because it may be easier to remarry in their church if they go through an annulment rather than a divorce.

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