UT Bar Family Law 2 — Questions and Answers
Question 1: In Utah, what is the minimum residency requirement before a party may file for divorce in a county?
- The petitioner or respondent must be a resident of the county for at least 3 months (Correct answer)
- The petitioner must reside in Utah for 1 year
- There is no residency requirement
- The petitioner must reside in the county for 6 months
Correct answer: The petitioner or respondent must be a resident of the county for at least 3 months
Utah Code § 30-3-1 requires that at least one party be a bona fide resident of Utah and of the county where the action is brought for at least three months before filing.
Question 2: Under Utah law, a divorce decree may not be entered until how long after the petition is filed, absent a waiver for extraordinary circumstances?
- 30 days (Correct answer)
- 60 days
- 90 days
- 6 months
Correct answer: 30 days
Utah Code § 30-3-18 imposes a 30-day waiting period after filing before a divorce decree may be entered, waivable for extraordinary circumstances.
Question 3: A Utah couple with a minor child files for divorce. Before the court will grant the divorce, both parties generally must complete what requirement?
- A mandatory divorce orientation and divorce education course for divorcing parents (Correct answer)
- A one-year separation period
- Joint counseling with a court-appointed therapist
- A parenting capacity evaluation
Correct answer: A mandatory divorce orientation and divorce education course for divorcing parents
Utah Code § 30-3-11.3 and § 30-3-11.4 require divorcing parents of minor children to attend a divorce orientation and divorce education course before the decree is entered.
Question 4: Which standard governs a Utah court's initial award of custody between two fit parents?
- The best interest of the child (Correct answer)
- The tender years presumption favoring the mother
- The primary caretaker presumption
- Strict equal division of parent-time
Correct answer: The best interest of the child
Utah courts decide custody based on the best interest of the child, weighing statutory factors in Utah Code § 30-3-10 without gender-based presumptions.
Question 5: In Utah, property acquired by one spouse through inheritance during the marriage is generally treated how at divorce?
- As separate property awarded to the inheriting spouse unless commingled or the other spouse contributed to its enhancement (Correct answer)
- As marital property divided equally
- As marital property divided equitably
- As community property owned 50/50 from receipt
Correct answer: As separate property awarded to the inheriting spouse unless commingled or the other spouse contributed to its enhancement
Utah is an equitable distribution state where inherited property generally remains separate unless it is commingled or the non-inheriting spouse contributed to its value.
Question 6: How long may a Utah court generally order alimony to last?
- No longer than the length of the marriage, absent extenuating circumstances (Correct answer)
- No longer than half the length of the marriage
- A maximum of 10 years
- Until the recipient dies, in all cases
Correct answer: No longer than the length of the marriage, absent extenuating circumstances
Utah Code § 30-3-5 provides that alimony may not be ordered for a duration longer than the length of the marriage unless the court finds extenuating circumstances.
Question 7: Under Utah law, alimony automatically terminates upon which event?
- The recipient's remarriage or death (Correct answer)
- The payor's retirement
- The recipient obtaining full-time employment
- The youngest child turning 18
Correct answer: The recipient's remarriage or death
Under Utah Code § 30-3-5, alimony terminates automatically upon the remarriage or death of the recipient, and may be terminated upon proof of cohabitation.
UT Bar Family Law 2
In Utah, what is the minimum residency requirement before a party may file for divorce in a county?