To get divorced in Utah, you or your spouse must reside in a single county in Utah for at least three months immediately before filing the divorce petition. If custody of a minor child is an issue, usually the child must reside with at least one of the parents in Utah for at least six months, but there are exceptions. Divorce can be devastating; however, uncontested divorces are often less devastating to your finances and sanity than contested ones. Instead, Utah’s uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with attending a trial before a judge. The uncontested process can be relatively quick, and certainly less expensive than taking a divorce to trial. Uncontested Divorces in Salt Lake, UtahUncontested divorces are an option available to divorcing Salt Lake couples with or without children. These types of divorces are generally less expensive and faster than traditional divorces because you avoid the expense of attorneys, custody evaluations and hiring experts for trial. If you and your spouse are able to agree on all issues regarding your divorce, including child custody, visitation and support, then an uncontested divorce is a real option. However, if you and your spouse cannot reach an agreement on any issue in your divorce, then your divorce becomes contested and you will be required to attend a trial where a judge will decide the remaining issues in your divorce case. The following is a list of some of the major issues that must be resolved between you and your spouse before filing an uncontested divorce action in Salt Lake: If you meet all of the above criteria, you may proceed with your uncontested divorce by filing the required forms. If you plan to file for divorce without the help of an attorney, you will be responsible for filing the right documents with the right court. Utah’s district courts oversee divorce cases and trials. Utah has approximately 70 judges serving in the state’s eight judicial districts. Where you live will determine where you file for divorce because generally, you will file your divorce paperwork in the county in which you live. If you and your spouse have separated but still reside in Utah, either the county in which you lived, or where your spouse has lived for the last three months is proper to file your paperwork. You should probably still get a lawyer if you are filing for an uncontested divorce in Salt Lake City Utah. The following documents must be filed with your divorce paperwork: • Civil Coversheet Completing Your DivorceUtah has a mandatory 90-day waiting period to complete a divorce. Under extraordinary circumstances, the 30-day waiting period may be waived. However, before a divorce will be granted to parents of minor children, both spouses must complete the Divorce Education Course. Utah does not require that you attend a court hearing before a judge will finalize your uncontested divorce. Instead, if all your paperwork is filed correctly and the judge finds that your agreement is reasonable and/or in the best interests of your children, then the judge will sign the Findings and Decree of Divorce. Note that the date the judge signs your Decree, is when your divorce becomes final. Mediation in Salt Lake City UtahAdditionally, many people go through the mediation process when seeking an uncontested divorce. It is important to talk with an attorney even if you intend to mediate. Mediators do not represent individual parties and are not able to give legal advice to individual parties. You may be waiving rights without knowing it if you mediate without consulting an attorney. Whether in mediation or in informal negotiations, attorneys can guide you through the divorce process. Residency and Where to FileIn order to file for divorce in Salt Lake Utah, the party filing for divorce must be a resident of Utah and the county for at least 3 months. The case must be filed in the District Court in the county where the residency requirement is met. Divorce Procedures in Salt Lake City UtahThe simplest procedure is an uncontested divorce where you and your spouse reach an agreement about the division of your property, and, if you have any children, what arrangements will be made for them. You begin the divorce procedure by filing a Complaint for Divorce, along with various supporting documents. For an uncontested divorce, one of these documents will be a marital settlement agreement outlining the division of assets, and your agreement regarding any children. These documents are filed with the court, and copies of them are provided to your spouse. You will attend a court hearing, at which time the judge will make sure that all of your paperwork is in order, perhaps ask you a few questions, and enter your Decree of Divorce. Things To Know About DivorceUtah offers this process where each party hires a lawyer to assist them in trying to reach an agreement on all issues. There may also be a facilitator involved, to help focus the discussion. It is similar to mediation. Both parties must agree to this process, and either may stop it at any time. Any agreement will be signed by the parties and submitted to the court to be incorporated into a judgment or decree. Grounds for divorce are legally recognized reasons to get a divorce. This is the justification for severing the marital relationship. Utah, like most states, has what are commonly called no-fault grounds for divorce, and several traditional fault-based grounds. To get a no-fault divorce in Salt Lake, you need to state in the Complaint for Divorce that “there are irreconcilable differences in the marriage,” or the parties have been living separate and apart without cohabitation for 3 years under a judicial decree of separation.” The fault-based grounds for divorce are: impotence, adultery, willful desertion for more than 1 year, willfully neglecting to provide the plaintiff with the common necessities of life, habitual drunkenness, conviction of a felony, cruel treatment to the extent of “bodily injury or great mental distress,” and incurable insanity. However, in most cases, there is no reason to use any of these, since they add complexity to the process by requiring proof. A divorce involves dividing property and debts between you and your spouse. Utah divorce law provides that all property is marital property, regardless of how or when it was acquired. Absent an agreement of the parties, the judge is directed to divide the property “equitably.” Alimony in Salt Lake, UtahAbsent an agreement of the parties regarding alimony, the court is directed by Utah alimony law to consider the following factors in determining alimony: Child Custody in Salt Lake, UtahIf you and your spouse have any minor children, there will have to be a custody determination, which basically comes down to figuring out how the children’s time will be divided between the parents, and how decisions will be made. If you and your spouse can reach an agreement on custody, it will be accepted by the judge unless it is determined not to be in the child’s best interest. If you cannot reach a custody agreement, the judge will decide the issue, after considering all relevant factors, including: There is a presumption in favor of joint custody, unless it is shown not to be in the child’s best interest, or there is such physical distance between the parties so as to make joint decision-making impractical. In evaluating whether to award joint custody, the court is to consider. Divorce Is Complex, Even If It Is UncontestedDivorce is a complex process. People need to understand that no two divorces are the same, and even though the same rules and regulations apply to everyone, the length of a divorce process is never the same in two cases. Salt Lake City Utah Divorce LawyerWhen you need to get divorced in Salt Lake, 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
Ascent Law LLC
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