UT Bar Family Law 2

Question 1

In Utah, what is the minimum residency requirement before a party may file for divorce in a county?

Accepted Answer

The petitioner or respondent must be a resident of the county for at least 3 months

Answer

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?

Accepted Answer

30 days

Answer

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?

Accepted Answer

A mandatory divorce orientation and divorce education course for divorcing parents

Answer

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?

Accepted Answer

The best interest of the child

Answer

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?

Accepted Answer

As separate property awarded to the inheriting spouse unless commingled or the other spouse contributed to its enhancement

Answer

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.

(UT Bar) Utah Bar Exam Practice Test

(UT Bar) Utah Bar Exam Practice Test

UT Bar Family Law 2