Best Marriage Lawyers in Utah

About Marriage Law in Utah, United States

Marriage in Utah is a legally recognized union between two individuals, governed by state law. The process involves obtaining a marriage license, fulfilling eligibility requirements, and, in some cases, meeting specific guidelines depending on age or prior marital status. Utah law outlines the rights and responsibilities that come with marriage, including matters related to property, children, and legal status. Understanding the legal framework is important for anyone considering marriage in Utah.

Why You May Need a Lawyer

While many marriages proceed without legal complications, there are situations where hiring a lawyer can be beneficial. Common reasons people seek legal advice include:

• Drafting or reviewing prenuptial or postnuptial agreements to protect assets
• Addressing complex property division in blended families or previous marriages
• Ensuring compliance with the law when one or both parties are under eighteen
• Helping immigrants navigate marriage laws related to visas and residency
• Validating a marriage that may have occurred outside Utah or the United States
• Dealing with legal issues arising from religious or civil ceremonies
• Resolving disputes about parental rights or support for children from previous relationships
• Filing for annulment or dissolution if grounds exist shortly after marriage

Legal counsel can safeguard your interests and clarify your rights and obligations before, during, or after marriage.

Local Laws Overview

Utah marriage law has specific requirements and unique aspects, including:

• Marriage License: Both parties must appear in person at a county clerk’s office to apply for a marriage license. There is no waiting period in Utah; you can marry immediately after obtaining your license.
• Age Requirements: The minimum age to marry is eighteen. However, individuals aged sixteen or seventeen may marry with parental consent and judicial approval. Marriage under age sixteen is generally prohibited unless ordered by a court, and that is rare and heavily regulated.
• Prohibited Marriages: Utah does not allow marriages between close relatives, such as siblings or parents and children, including relatives by adoption. Marriages to more than one person at the same time (bigamy or polygamy) are prohibited and subject to legal penalties.
• Common Law Marriage: Utah recognizes common law marriage if specific criteria are met, including cohabitation, mutual consent, and reputation as a married couple. Court validation is required to establish a common law marriage legally.
• Marriage for Non-Residents: Non-residents can legally marry in Utah. No state residency is required. Marriages performed legally in Utah are valid nationwide and generally recognized internationally.
• Same-Sex Marriage: Utah law recognizes same-sex marriage, and all marriage laws apply equally regardless of gender or sexual orientation.
• Required Documentation: You will need valid photo identification and may need to provide divorce decrees or death certificates from any previous marriages.

Frequently Asked Questions

What are the requirements to get married in Utah?

Both parties must be at least eighteen, or sixteen/seventeen with proper consents and court approval. You need a valid photo ID and payment for the marriage license fee. If previously married, you may need to show proof of divorce or spouse’s death.

Where do I get a marriage license in Utah?

You can get a marriage license at any county clerk’s office in Utah. Both individuals must be present to apply.

How soon can I get married after getting the license?

There is no waiting period in Utah. You can get married immediately after receiving your license.

Can I marry if I am not a resident of Utah?

Yes. There is no residency requirement to get married in Utah.

Is same-sex marriage legal in Utah?

Yes. Same-sex couples have the same marriage rights in Utah as everyone else.

What documents do I need to provide to get married?

Typically, valid photo identification such as a driver’s license or passport is required. If remarried, you may need to provide divorce or death certificates as proof that the previous marriage has ended.

Does Utah recognize common law marriage?

Yes. Utah recognizes common law marriage if the couple can prove cohabitation, mutual consent, and a public reputation as married. A court order is needed to validate the marriage legally.

Are proxy marriages allowed in Utah?

No. Both parties must be present for the marriage ceremony and to apply for a marriage license in Utah.

Can first cousins marry in Utah?

Marriage between first cousins is only allowed if both parties are sixty-five or older, or if both are fifty-five or older and one is proven to be unable to reproduce.

What happens if we lose our marriage certificate?

You can request a certified replacement copy from the county clerk’s office where your marriage license was issued.

Additional Resources

If you need further information or assistance, the following resources can be helpful:

• Utah State Courts - Family Law division for marriage and domestic relations
• Utah Department of Health - Vital Records Office for marriage licenses and certificates
• Utah Legal Services - Free and low-cost legal help for eligible individuals
• Utah Bar Association - Lawyer referral services and information on family law attorneys
• Local County Clerk’s Offices - For marriage licensing requirements and applications

Next Steps

If you are considering getting married or facing legal questions about marriage in Utah, follow these steps:

• Familiarize yourself with Utah’s marriage laws and requirements
• Gather necessary documents including identification and, if applicable, proof of prior divorce or spouse’s death
• Visit your local county clerk’s office to apply for a marriage license
• Consult with a qualified family law attorney if you have questions about premarital agreements, complex family situations, or special legal issues
• Use the resources above to locate additional help or legal guidance
• Keep records of your marriage license and certificate for future reference

Taking these steps can help ensure that your marriage complies with Utah law and that your rights and responsibilities are clearly understood.