Before 1858, a divorce required a private act of Parliament so the opportunity was only available to a few people. Today, whilst divorce is a far more common occurrence, there is still only one legal ground for divorce, which is that the marriage has irretrievably broken down. This can be proved by establishing one of the following facts, adultery, unreasonable behavior, desertion, two years’ separation with consent or five years’ separation. When someone has obtained decree absolute (the final decree of divorce meaning the marriage is dissolved and you are divorced) is their divorce then a matter of public record? The simple answer is yes. Anyone will be able to obtain a copy of the decree absolute, as with birth, adoption, marriage, civil partnership and death certificates. How Do I Go About Locating A Copy Of My Decree Absolute?It is relatively easy to obtain a copy of decree absolute and the government website provides details of how to request a copy. You can contact the court where the divorce, dissolution or annulment took place to get a copy of a decree absolute or final order (you will have to pay the court an administration fee for this service). It would be helpful if you know the case number but if you do not, you can give the court the date you think the case happened and they will search 5 years of records either side of that date. If you do not know which court to ask, you can ask the Central Family Court to search for the decree absolute or final order at an additional cost. How Long Do Solicitors Keep Divorce Files?In the first instance, it may be easier to contact your solicitor who carried out your divorce to see if they can provide you with a copy of your divorce file. The Solicitors Regulation Authority does not provide timescales for the storage of files, the matter needing to be considered and assessed by the principals of the firm in accordance with the Solicitors Regulation Authority’s Code of Conduct Ogden, Utah Divorce BasicsDivorce in Utah is referred to as Dissolution of Marriage and is conducted as a civil action, with one party, the Petitioner, filing a Petition for divorce, and the other party being named as a Respondent. Residency RequirementTo file for divorce in Ogden, Utah, either spouse must be a bona fide resident of the state and must have lived in the county of filing for the three months immediately preceding commencement of the action. Divorce FilingThe Petition may be filed in the district court of the county where either spouse resides. If the Petitioner is a member of the armed forces of the U.S. who are not legal residents of this state, he/she may file for divorce if he has been stationed in the state for the three months immediately preceding the commencement of the action. No hearing for decree of divorce may generally be held until 90 days have elapsed from the filing of the complaint, provided the court may make interim orders that are just and equitable. The 90-day period shall not apply, however, in any case where both parties have completed the mandatory education course for divorcing parents. Spouse’s NameAlthough there are no statutory provisions for the restoration of a spouse’s name when divorcing, either spouse may request that his/her former name be restored on the Petition or the judge will honor the request. Ogden Utah Legal Grounds for DivorceThe court may decree dissolution of marriage for any of the following grounds: • Habitual drunkenness of the Respondent; Annulment Ogden UtahThe following are prohibited and void marriages and they may be annulled for these causes: Ogden Utah Property Division And DisputesIn all dissolution and separate maintenance actions, the court and judge have jurisdiction over the distribution of property. Utah is an equitable distribution state. Therefore, marital property shall be distributed fairly and equitably. When a marriage of long duration dissolves on the threshold of a major change in the income of one of the spouses due to the collective efforts of both, that change shall be considered in dividing the marital property. If one spouse’s earning capacity has been greatly enhanced through the efforts of both spouses during the marriage, the court may make a compensating adjustment in dividing the marital property. Alimony and Support In Ogden UTIn all dissolution and separate maintenance actions, the court and judge have jurisdiction over the payment of alimony. When determining alimony, the court shall consider, at a minimum, the following factors: Ogden Utah Custody LawThe court shall consider joint custody in every case, but may award any form of custody which is determined to be in the best interest of the child. If the court finds that one parent does not desire custody of the child, it shall take that evidence into consideration in determining whether to award custody to the other parent. In determining whether the best interest of a child will be served by ordering joint legal or physical custody, the court shall consider the following factors: No-Fault & Fault Divorces in Ogden, UtahWhile some states are strictly no-fault divorce states, Utah allows individuals to file fault-based divorces and no-fault divorces. Thus, an innocent spouse can file a fault-based divorce on the ground of “adultery.” Under Utah law, adultery is voluntary sexual intercourse with someone other than one’s spouse. If a spouse files divorce on the ground of adultery, he or she must be able to prove the relationship to the court. Often, circumstantial evidence will suffice. Examples of circumstantial evidence: Ogden Utah Divorce AttorneyA lawyer can make sure that you both review and understand anything before you sign or agree. An experienced family law attorney is often a good idea for situations where the divorcing couple has a large amount of assets, property or other complicated financial matters. In more contentious divorces, an attorney can make sure that your interests are represented in court. Even in a “friendly” divorce you are often better off hiring a lawyer to help file paperwork and guide you through the court system. Ogden Utah LawyerWhen you need legal help in Ogden Utah for divorce, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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