One of the parties must be an actual resident of the State of Utah and the county in which the complaint is filed, or stationed if in the military, for a period of three months prior to the filing of the complaint. This residency requirement is mandatory and cannot be overcome by stipulation or consent, as the residency establishes the District Court's jurisdiction over the matter. If the Court finds that the residency requirement has not been met, then the Court has no power to enter orders. Once a court determines that the residency requirement is satisfied, it retains continuing jurisdiction for all future modifications. Jurisdiction over a non-resident turns on a two part test: (1) the claim against the non-resident must arise from activities enumerated in the Utah long arm statute. The applicable portion of the statute for divorce is that the nonresident spouse must have resided in Utah during the marital relationship or a purposeful act by the nonresident spouse within the State.

Statute:
Utah Code, Section 30-3-1

30-3-1. Residence.
(2) The court may decree a dissolution of the marriage contract between the petitioner and respondent on the grounds specified in Subsection (3) in all cases where the petitioner or respondent has been an actual and bona fide resident of this state and of the county where the action is brought, or if members of the armed forces of the United States who are not legal residents of this state, where the petitioner has been stationed in this state under military orders, for three months next prior to the commencement of the action.

The standard by which the Plaintiff spouse must prove grounds for divorce is by substantial and satisfactory evidence. As a practical matter, most divorce actions are brought on the grounds of irreconcilable differences. Bringing an action on fault grounds is usually limited to actions when fault may favorably affect an alimony or property distribution award. Grounds for divorce are as follows: (a) impotency of the respondent at the time of marriage; (b) adultery committed by the respondent subsequent to marriage; (c) willful desertion of the petitioner by the respondent for more than one year; (d) willful neglect of the respondent to provide for the petitioner the common necessaries of life; (e) habitual drunkenness of the respondent; (f) conviction of the respondent for a felony; (g) cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner; (h) irreconcilable differences of the marriage; (i) incurable insanity; or (j) when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.

Statute:
Utah Code, Section 30-3-1

30-3-1. Grounds.
(3) Grounds for divorce:

(a) impotency of the respondent at the time of marriage;

(b) adultery committed by the respondent subsequent to marriage;

(c) willful desertion of the petitioner by the respondent for more than one year;

(d) willful neglect of the respondent to provide for the petitioner the common necessaries of life;

(e) habitual drunkenness of the respondent;

(f) conviction of the respondent for a felony;

(g) cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner;

(h) irreconcilable differences of the marriage;

(i) incurable insanity; or

(j) when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.

(4) A decree of divorce granted under Subsection (3)(j) does not affect the liability of either party under any provision for separate maintenance previously granted.

(5)(a) A divorce may not be granted on the grounds of insanity unless:

(i) the respondent has been adjudged insane by the appropriate authorities of this or another state prior to the commencement of the action; and

(ii) the court finds by the testimony of competent witnesses that the insanity of the respondent is incurable.

(b) The court shall appoint for the respondent a guardian ad litem who shall protect the interests of the respondent. A copy of the summons and complaint shall be served on the respondent in person or by publication, as provided by the laws of this state in other actions for divorce, or upon his guardian ad litem, and upon the county attorney for the county where the action is prosecuted.

(c) The county attorney shall investigate the merits of the case and if the respondent resides out of this state, take depositions as necessary, attend the proceedings, and make a defense as is just to protect the rights of the respondent and the interests of the state.

(d) In all actions the court and judge have jurisdiction over the payment of alimony, the distribution of property, and the custody and maintenance of minor children, as the courts and judges possess in other actions for divorce.

(e) The petitioner or respondent may, if the respondent resides in this state, upon notice, have the respondent brought into the court at trial, or have an examination of the respondent by two or more competent physicians, to determine the mental condition of the respondent. For this purpose either party may have leave from the court to enter any asylum or institution where the respondent may be confined. The costs of court in this action shall be apportioned by the court.

In a divorce action, the parties must normally wait 90 days between the time of filing and a final hearing. The requirement may be waived upon a showing of good cause, or if both parents have attended the mandatory educational program required for divorcing parents in Utah. The court may also shorten the 90 day waiting period in a default action where consent has been given to proceed. The court has the power to delay granting a divorce when critical issues arise, i.e. health insurance, tax obligations. Similarly, a court may grant a divorce prior to resolving other issues in the case such as marital property. Divorces are not final merely with the passage of the waiting period. An order must be presented and signed by a judge before a divorce is final.

Statute:
Utah Code, Section 30-3-18

30-3-18. Waiting period for hearing after filing for divorce--Exemption--Use of counseling and education services not to be construed as condonation or promotion
(1) Unless the court, for good cause shown and set forth in the findings, otherwise orders, no hearing for decree of divorce shall be held by the court until 90 days shall have elapsed from the filing of the complaint, provided the court may make such interim orders as may be just and equitable.

(2) The 90-day period as provided in Subsection (1) shall not apply in any case where both parties have completed the mandatory educational course for divorcing parents as provided in Section 30-3-11.3 or the mediation requirement as provided in Section 30-3-21.

(3) The use of counseling, mediation, and education services provided under this chapter may not be construed as condoning the acts that may constitute grounds for divorce on the part of either spouse nor of promoting divorce.

A court will commonly award attorney fees where one spouse is the dominant wage earner. This is to compensate for an otherwise unfair advantage the financially dominant spouse would have in a divorce, and provides the financially dependent spouse the means to present the best case possible, or recover from otherwise financially crippling attorney's fees. Courts have awarded attorney's fees where one party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons. Courts have also awarded attorney fees where one party has acted as a private attorney general and sued on behalf of a strong or societal important public policy. The decision to award attorney fees lies within the sound discretion of the court. The requesting part must demonstrate: (1) need; (2) the ability of the other spouse to pay; (3) the reasonableness of the fee.

Statute:
Utah Code, Section 30-3-3

30-3-3. Award of costs, attorney and witness fees--Temporary alimony
(1) In any action filed under Title 30, Chapter 3, 4, or 6, and in any action to establish an order of custody, visitation, child support, alimony, or division of property in a domestic case, the court may order a party to pay the costs, attorney fees, and witness fees, including expert witness fees, of the other party to enable the other party to prosecute or defend the action. The order may include provision for costs of the action.

(2) In any action to enforce an order of custody, visitation, child support, alimony, or division of property in a domestic case, the court may award costs and attorney fees upon determining that the party substantially prevailed upon the claim or defense. The court, in its discretion, may award no fees or limited fees against a party if the court finds the party is impecunious or enters in the record the reason for not awarding fees.

(3) In any action listed in Subsection (1), the court may order a party to provide money, during the pendency of the action, for the separate support and maintenance of the other party and of any children in the custody of the other party.

(4) Orders entered under this section prior to entry of the final order or judgment may be amended during the course of the action or in the final order or judgment.

(b) A decree of divorce may not be granted upon default or otherwise except upon legal evidence taken in the cause. If the decree is to be entered upon the default of the defendant, evidence to support the decree may be submitted upon the affidavit of the plaintiff with the approval of the court.

(c) If the plaintiff and the defendant have a child or children, a decree of divorce may not be granted until both parties have attended the mandatory course described in Section 30-3-11.3, and have presented a certificate of course completion to the court. The court may waive this requirement, on its own motion or on the motion of one of the parties, if it determines course attendance and completion are not necessary, appropriate, feasible, or in the best interest of the parties.

(1) When the marriage is prohibited or void under Title 30,       Chapter 1
(2) Upon grounds existing at common law.

1. Consent. The parties must be capable of giving consent.

2. Capacity. The parties must be legally capable of entering a     marriage.

3. Cohabitation. The parties must have cohabitated.

4. Assumption of marital rights and duties. The parties must     mutually assume marital rights, obligations, and duties.

5. Holding out. The parties must hold themselves out and have     acquired a reputation as husband and wife. 

Utah has adopted the Uniform Premarital Act.

Consideration not required.


Writing Requirement. A premarital contract, an amended agreement, and revocation of a premarital agreement must be in writing and signed by both parties.


Contents. Parties to a premarital contract may contract with respect to: (1) the rights and obligations of each party in any property of either or both of them; (2) right to transfer a security interest in a mortgage; (3) disposition of property upon separation, divorce, or death; (4) modification or elimination of spousal support; (5) ownership rights in and disposition of the death benefit or a life insurance policy; (6) choice of law governing the agreement, except that a court may apply the law of the legal domicile of either party, if it is fair and equitable.


The parties may not contract with respect to the right of a child to support, health and medical provider expenses, medical insurance, and child care coverage.

Enforcement
A premarital contract is not enforceable if the party against whom enforcement is sought proves that:

Involuntary execution. The party did not execute the agreement voluntarily.


Fraudulent agreement. The agreement was fraudulent when the agreement was executed and the before execution the party: (1) was not provided a reasonable disclosure of the other party's property or financial obligations; (2) did not voluntarily and expressly waive in writing any right to disclosure of the other party's property or financial obligations; and (3) did not have, or reasonably could not have had, adequate knowledge of the other party's property or financial obligations.


Modification or Elimination of Spousal Support. If a premarital agreement eliminates or modifies support or alimony to such an extent that one party becomes eligible for public aid, a court may, regardless of the agreement, require the other party to provide support necessary to avoid that eligibility.