April 10, 2023

 

In Utah, adultery is a reason for divorce.  However, you must prove that you and your spouse have irreconcilable differences to get a Decree of Divorce.  Couples can divorce for just about any cause under this no-fault divorce statute.  You cannot speed up or change the divorce procedure by proving adultery. Read more to help you understand further.

 

Infidelity seldom has a substantial impact on how a divorce turns out.  However, infidelity may tilt the scales in favor of the non-offending partner when the court divides the marital estate and grants alimony.  Utah courts are required to take into account all pertinent information and fair conditions.  Additionally, while determining alimony, Utah courts are allowed to consider culpability.

 

Parenting time and custody choices may also be impacted by adultery. The court may consider past moral character when deciding who should be designated as the primary custody parent.  Additionally, Utah courts work to put kids in the most stable situation possible. The youngster is in danger of future change from new partnerships that have not endured the test of time.  Long absences from the marital home may show the court that there is no connection between the parents and their children and that the parents cannot put their children’s needs before their own.

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A protective order cannot replace a divorce judgment or custody agreement with legal custody or child support order.  The court may, however, make some short-term measures in addition to a protective order.

 

According to Utah Code Ann. 78B-7-106,

 

In an order for protection, a judge may order the following remedy without giving notice:

 

  • Order prohibiting the respondent from entering the petitioner’s home and its grounds;
  • Order the ownership and use of a vehicle and other necessary personal items;
  • To guarantee that the petitioner is securely returned to the ownership of the home, car, and other necessary personal items, order police enforcement to accompany the petitioner to the parties’ homes;
  • Give the petitioner interim custody of any of the parties’ young children, and
  • enter a decision about a child or spousal maintenance.

 

If your spouse gets a temporary protection order, you can find yourself temporarily without your house, car, and personal belongings, and you will not have the chance to be heard by the court.  Another quick approach to get custody of your kids without going through the divorce or custody procedure is to get a protection order.

 

Your case may be brought before the court as quickly as possible with the help of a Utah divorce attorney, who can also help you amend any interim orders that the court may have issued in conjunction with a protection order.

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