Utah is an equitable distribution or common law state, which is the majority marital property legal system. This means marital property in Utah isn’t automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce. Married couples usually own most, if not all, of their valuable property together. If you want to leave everything to your spouse, as many people do, you don’t need to worry about what belongs to you and what belongs to your spouse. If you’d rather divide your property among several beneficiaries, you’ll need to know just what’s yours to leave. If you want to end your marriage, you probably want it to end as quickly as possible. If your spouse refuses to cooperate because they do not want a divorce or if you are unable to locate your spouse, it adds a layer of complexity to the process. However, it is still possible to get a divorce even under such circumstances by following these steps. Every state’s laws are different, so it is important to understand the laws in the state where you want to get divorced. Check your state’s residency requirements to file for divorce and decide whether you will file a no-fault divorce or base your divorce on fault grounds if your state allows this option. If you want to get divorced without your spouse’s consent, a no-fault divorce may be an easier option. That’s because, in a no-fault divorce, the divorce papers do not name either of you as the party responsible for ending your marriage. A family law attorney licensed in your state can help you understand your legal options and the divorce process. When you are ready to initiate the process, file your petition for divorce with the Clerk of Court in the county and state where you want to dissolve your marriage. Pay the filing fee to the court when you file your petition. If you cannot afford to pay the fee, you may qualify for a fee waiver. Check with the court to learn more and to apply. Your state’s laws define how you must serve notice of the divorce filing on your spouse, or legally notify your spouse of your filing. Generally, it is not sufficient to hand-deliver the divorce papers. Instead, use certified mail or use the sheriff’s office for service of process. If you do not know where your spouse resides, you can pay a locator service to find them. In some cases, state laws allow for service by publication. Your spouse has a period of time to respond to the divorce papers according to state law. Wait for this period to pass, even if you are certain your spouse will not respond or consent to the filing. If your spouse does not respond at all, you may be able to obtain a default divorce. In that case, the judge will likely side with you, granting the divorce based on your initial filing. If your spouse contests some or all of the provisions in your initial filing, your divorce is a contested divorce. In this situation, the judge hears both sides of the case and rules based on all available information. Protect your rights through the divorce process by being an active participant in the process, even if your spouse is not cooperating. Attend scheduled hearings and court dates and provide responses or answers to your spouse’s filings and court requests, as applicable. Although the process of obtaining a divorce without spousal consent is sometimes longer and more complex than a simple divorce where both spouses agree and cooperate, it is still possible to terminate your marriage. Utah Marital Property LawsDuring marriage, couples acquire the rights to some of the property and assets, as well as debts, acquired by one or both of them. Marital property doesn’t include things that are considered “separate property” owned by either spouse, for example, property owned before marriage, inheritance, gifts, property specifically excluded by valid prenuptial agreements, and property gained after legally separating. In addition, keep in mind that you are also on the hook still for your separate debts from before marriage. There are two ways states divide marital property: equitable distribution and community property. Utah is an equitable distribution or common law state, which is the majority marital property legal system. However, large numbers of people, especially in the Western U.S., live in community property states. This means marital property in Utah isn’t automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce. In Utah, marital property is divided “equitably” or fairly, which may not be an even 50-50. Usually for longer marriages, it is about 50% to each party. For short-term marriages, the court generally puts people back to their position before the marriage, such as giving people what they had before the marriage and typically what they made during the marriage. Parties can agree on how they want to divide the property outside of court, but a judge will review it to ensure it’s fair. Common Law Marriage in UtahMany people in the state of Utah are in long-term, committed relationships that are not officially married. These relationships are known as common-law marriages. While these couples are not legally married, they still face many of the same challenges and obstacles as married couples when their relationship ends including the division of assets and property, as well as child custody issues. Utah does not have common law marriages (in fact, there are only a few states that recognize common-law marriages). Utah does, however, allow a person to petition the court to acknowledge their relationship as a marriage even though they do not have a marriage license. Recognition of the relationship may be requested at the end (or within a year of its end). Also, a petition to recognize the relationship can be filed during the relationship. For Utah to recognize your relationship as a marriage, either partner must prove the following to the court: Evidence of ConsentAs previously mentioned, both partners are required to give consent for the court to recognize their relationship as a marriage. Moreover, they will need to supply evidence that supports their consent. The following list may prove consent: Benefits of Utah Court RecognitionThere are a handful of reasons it is beneficial to have the court recognize your long-term relationship as a marriage. Married couples enjoy the many benefits of a legal marriage, including tax breaks, inheritance and survivor rights, spousal Social Security benefits, and more. As soon as the court determines that marriage exists, spouses will enjoy and have access to all of the benefits that come with marriage. Additionally, they will have legal divorce-related protections if the couple chooses to separate, including: Utah Annulment LawyerThe following are prohibited and void marriages and they may be annulled for these causes: Alimony and Support AttorneyIn 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: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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