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Terms Used In Utah Code 81-4-406

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Alimony: means financial support made to a spouse or former spouse for the support and maintenance of that spouse. See Utah Code 81-4-101
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Child: means , except as provided in Section 81-6-101, a biological or adopted child of any age. See Utah Code 81-1-101
  • Child support: means the same as that term is defined in Section 81-6-101. See Utah Code 81-4-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Court: means :
         (2)(a) a judge; or
         (2)(b) a court commissioner if the court commissioner has authority to hear the matter under Section 78A-5-107 or the Utah Rules of Judicial Administration. See Utah Code 81-1-101
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Mandatory courses: means :
         (2)(a) the mandatory divorce orientation course described in Section 81-4-105; and
         (2)(b) the mandatory parenting course described in Section 81-9-103. See Utah Code 81-4-401
  • Minor child: means , except as provided in Section 81-6-101, a child who is younger than 18 years old and is not emancipated. See Utah Code 81-1-101
  • Petitioner: means the individual who brings a petition for divorce. See Utah Code 81-4-401
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
     (1)(a) The court shall enter a decree of divorce upon the evidence or the petitioner‘s affidavit in the case of default as described in Subsection (1)(b).
     (1)(b) A court may not grant a divorce upon default, unless there is evidence to support a decree of divorce upon an affidavit by the petitioner as provided by Rule 104 of the Utah Rules of Civil Procedure.
(2) Unless the requirement is waived by the court under Subsection 81-4-402(5), a court may not grant a decree of divorce for parties with a minor child until:

     (2)(a) both parties have attended the mandatory courses described in Sections 81-4-105 and 81-4-106; and
     (2)(b) both parties have presented a certificate of course completion for each course to the court.
(3) In a decree of divorce, the court shall:

     (3)(a) specify which party is responsible for the payment of joint debts, obligations, or liabilities of the parties contracted or incurred during marriage in accordance with Section 15-4-6.5;
     (3)(b) require the parties to notify respective creditors or obligees, regarding the court’s division of debts, obligations, or liabilities and regarding the parties’ separate and current addresses in accordance with Section 15-4-6.5;
     (3)(c) provide for the enforcement of the orders described in Subsections (1)(a) and (b);
     (3)(d) if a party owns a life insurance policy or an annuity contract, include an acknowledgment by the court that the party:

          (3)(d)(i) has reviewed and updated, where appropriate, the list of beneficiaries;
          (3)(d)(ii) has affirmed that those listed as beneficiaries are in fact the intended beneficiaries after the divorce becomes final; and
          (3)(d)(iii) understands that, if no changes are made to the policy or contract, the beneficiaries currently listed will receive any funds paid by the insurance company under the terms of the policy or contract; and
     (3)(e) if the parties have a child as defined in Section 81-6-101, include an order for child support and medical expenses as described in Chapter 6, Child Support.
(4) The court may include in the divorce decree any equitable orders relating to:

     (4)(a) the parties, including any alimony to be awarded to a party in accordance with Part 5, Spousal Support;
     (4)(b) a child of the parties; and
     (4)(c) any property, debts, or obligations.
(5) A decree of divorce becomes absolute:

     (5)(a) on the date it is signed by the court and entered by the clerk in the register of actions;
     (5)(b) at the expiration of a period of time the court may specifically designate, unless an appeal or other proceedings for review are pending;
     (5)(c) if an appeal is taken, when the decree is affirmed; or
     (5)(d) when the court, before the decree becomes absolute, for sufficient cause otherwise orders.
(6) The court, upon application or on the court’s own motion for good cause shown, may waive, alter, or extend a designated period of time before the decree becomes absolute, but not to exceed six months from the signing and entry of the decree.
(7) A party to a divorce proceeding may not marry another individual other than the other party for whom the divorce was granted until the party’s divorce becomes absolute.
(8) The court has jurisdiction to modify a decree of divorce to address child support, parent-time, and other matters related to a minor child born to the parties after the decree of divorce is entered.

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