Utah residents are subject to Utah state and U.S. federal laws. Federal laws apply in Utah as they do across all 50 states. In addition to the U.S. Constitution, which is the supreme law of the U.S., federal laws include statutes that are periodically codified in the U.S. Code. Federal laws also include decisions by courts that interpret federal laws. Finally, Federal laws include regulations issued by federal administrative agencies to implement federal laws. The state of Utah also has its own state laws. Utah state laws include the Utah Constitution, laws passed by the Utah legislature and periodically codified in the Utah Code, and decisions by courts that interpret Utah laws. The original version of the Utah Constitution, which was drafted in 1895, remains substantially in effect. This document was the eighth constitution drafted in Utah, which could not become a state until it abandoned the practice of polygamy. The Constitution was notably progressive in granting women the right to vote well before the U.S. Constitution granted this right. Article XXIII provides the processes for amending the Constitution. First, an amendment proposed in the legislature will appear on a ballot if two-thirds of each chamber of the legislature votes in its favor. Alternatively, a proposal for a constitutional convention will appear on a ballot if two-thirds of each chamber of the legislature votes in its favor. The Utah Code contains the laws passed by the Utah legislature. These laws and the provisions of the Utah Constitution are often interpreted by the Utah Supreme Court and the Utah Court of Appeals. The federal Utah District Court also issues decisions that may affect Utah residents. The Tenth Circuit Court of Appeals holds the authority to review decisions by the Utah District Court. Sometimes the U.S. Supreme Court may review a case that has been appealed from the Tenth Circuit or from the Utah Supreme Court. Utah Divorce Code 30-3-1: Procedure, Residence and Grounds.(1) Proceedings in divorce are commenced and conducted as provided by law for proceedings in civil causes, except as provided in this chapter. (4) A decree of divorce granted under Subsection (3) (j) does not affect the liability of either party under any provision for separate maintenance previously granted. When to Submit Evidence about Why You DivorcedYou also might want to submit a personal statement or other evidence regarding the circumstances of your divorce in order to prove that it was not your fault that the marriage ended. For example, you can provide evidence of: Grounds for divorceBefore filing for divorce, you should first consider the grounds for divorce, as these will need to be specified as part of the divorce process. Currently, the five possible grounds for divorce are: adultery, unreasonable behavior, desertion, living apart for more than two years (with agreement) and living apart for more than five years (without agreement). In practice, divorcing couples who both want to get divorced will often decide to choose the reason of ‘unreasonable behavior’ as a catch-all ground. • Unreasonable Behavior: There are essentially two distinct situations where the ground of unreasonable behavior is given in a divorce petition: firstly where unreasonable behavior has actually occurred – and secondly where none of the other grounds for divorce apply (e.g. where husband and wife have simply drifted apart and no longer wish to remain married). Although unreasonable behavior can constitute serious accusations including domestic violence or drunkenness, it also encompasses rather vague issues such as lack of support in maintaining a household. In reality, there is a very low standard when it comes to unreasonable behavior, but some factual reason must be given and an incident of ‘unreasonable behavior’ must have occurred less than six months prior to filing for divorce. It should be noted that, if your husband or wife has become intimate with someone else but has not had sexual relations with them, although adultery cannot be given as a ground for divorce, unreasonable behavior can be used. Similarly, if your spouse has a sexual relationship with a member of the same sex, this does not count as adultery but can count as unreasonable behavior. What Happens in a Divorce?Although divorce is common throughout the United States, the divorce process varies depending on the couple’s situation. Short-term marriages without children or property typically result in a less complex and time-consuming divorce than long-term marriages with significant property entanglements, marital debt, and minor children. Additionally, divorcing couples who work together to negotiate the terms of the divorce (child custody, child support, property division, debt allocation, and spousal support) will experience a less expensive and less stressful divorce than couples who can’t agree or refuse to work together. Step Two: Asking for Temporary OrdersCourts understand that the waiting period for divorce may not be possible for all couples. For example, if you are a stay-at-home parent that is raising your children and dependent on your spouse for financial support, waiting for 6-months for the judge to finalize your divorce probably seems impossible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. If you request a temporary order, the court will hold a hearing and request information from each spouse before deciding how to rule on the application. The judge will usually grant the temporary order quickly, and it will remain valid until the court orders otherwise or until the judge finalizes the divorce. Other temporary orders may include a request for status quo payments or temporary property restraining orders. Status quo orders typically require the breadwinner to continue paying marital debts throughout the divorce process. Temporary property restraining orders protect the marital estate from either spouse selling, giving away, or otherwise disposing of marital property during the divorce process. Restraining orders are usually mutual, meaning both spouses must follow it or risk being penalized by the court. Step Three: Serve Your Spouse and Wait for a ResponseAfter you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse. If you don’t properly serve your spouse, or if you neglect to file a proof of service with the court, the judge will be unable to proceed with your divorce case. Step Four: Negotiate a SettlementIn cases where the parties have differing opinions on important topics, like child custody, support, or property division, both spouses will need to work together to reach an agreement. Sometimes the court will schedule a settlement conference, which is where the parties and their attorneys will meet to discuss the status of the case. The court may schedule mediation, which is where a neutral third-party will help facilitate discussion between the spouses in hopes to resolve lingering issues. Some states require participation in mediation, while others do not. However, mediation often saves significant time and money during the divorce process, so it’s often a good route for many divorcing couples. Step Five: Divorce TrialSometimes negotiations fail despite each spouse’s best efforts. If there are still issues that remain unresolved after mediation and other talks, the parties will need to ask the court for help, which means going to trial. A divorce trial is costly and time-consuming, plus it takes all the power away from the spouses and puts it in the hands of the judge. Negotiations and mediation sessions allow the couple to maintain control and have more predictable results than a divorce trial, so it’s best to avoid a trial if possible. Step Six: Finalizing the JudgmentWhether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce. The judgment of divorce (or “order of dissolution”) ends the marriage and spells out the specifics about how the couple will allocate custodial responsibility and parenting time, child and spousal support, and how the couple will divide assets and debts. If the parties negotiated a settlement, the filing spouse’s attorney typically drafts the judgment. However, if the couple went through a divorce trial, the judge will issue the final order. 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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What Not To Do If You’re About To Get Divorced Should I Keep The House In Divorce? How Do I Get The Most Money For My Personal Injury Case? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-1/
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