MARRIAGE

Chapter 1 Marriage

Pertinent Utah Code Sections.  (See: http://le.utah.gov/xcode/code.html)

§§30-1-1-1 through 30-1-39

Utah courts must find and assert a level of control of over the marital relationship in order to proceed in a divorce matter. The court must find a valid marriage exists and that it has personal jurisdiction over the parties and subject matter jurisdiction over the issues raised in the divorce.

Utah recognizes a marriage as the union between a man and a woman that has been validly solemnized in Utah, or in any other country, state or territory.

Utah also recognizes common-law marriage. (See Hansen v. Hansen, 958 P2d 931 (Utah Ct. App. 1998). A person asserting a common-law marriage has the duty to prove by a preponderance of evidence the validity of the common-law marriage. A marriage which has not been solemnized shall be legal and valid if a court or administrative order establishes that the marriage arises out of a contract between a man and a woman. (See UCA  30-1-4.5).

Utah provides for annulment of marriages in certain circumstances. This guide does not address this issue. (See UCA 30-1-17.1)

Divorce Note: Make sure you have a copy of your marriage certificate and know the date and location of your marriage.