Family Law Section

Divorce

Utah recognizes common law marriage. For people who have had a common law marriage, it is necessary to have a court determine if the marriage existed and then determine the rights of the parties.

Only the District Courts in Utah have authority to enter a divorce. When the parties have children, a class called divorce education is required before the divorce will be granted.

For further information on divorce:

• Utah State Court "Getting a divorce in Utah"
• File your own divorce using OCAP
• Information on how to obtain a copy of a divorce decree
• Utah State Code provisions regarding divorce
• Salt Lake County Bar Association "What is divorce?"

Frequently Asked Questions

More at: Utah State Court "Getting a divorce in Utah"

1. What is a premarital agreement? Should everyone have one?

A premarital agreement is a written agreement that two people sign prior to getting married. It is intended to clarify any questions that might come up, usually regarding property. It allows the parties to protect assets that they had acquired prior to the marriage. Premaritals are often used by older couples who both have assets from prior marriages and want to insure that the children from their first marriage get their parent’s assets upon the death of the parent.

The decision regarding whether you need a premarital agreement is one that should be carefully considered. People with similar circumstances will make completely different decisions. If you are concerned, it would be advisable to contact an attorney and discuss the issues.

2. My husband and I are getting a divorce. What is the legal procedure?

Divorce can be a complicated process. The difficulty and the length of time it will take to get a divorce depends on the ability of the parties to agree, whether there are issues with children, and whether there are complex issues with property or assets. Divorce can be accomplished through an agreement of the parties that is filed with the court and approved by a judge after a hearing on the grounds. If the parties do not agree, one party (the Petitioner) will have to file a divorce complaint which sets forth what they believe should happen in the case. The other party (the Respondent) will then have the choice to answer or allow the Petitioner to get what they have requested. If the Respondent disagrees with what was requested, there will be a process of litigation which may eventually end in a trial.

You may file your own divorce forms by using the OCAP system provided by the courts.