During 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. Reasons for DivorceLike a majority of states, Utah allows both no-fault and fault-based divorce. In a no-fault divorce, spouses don’t have to prove that the other’s misconduct caused the breakup of the marriage, so these types of case are generally faster and less expensive. Utah provides two kinds of no-fault grounds: “irreconcilable differences” and living apart for at least three years under a separate maintenance order issued by any state. If you and your spouse can’t agree on an amicable divorce, you can file for a fault divorce, where you have to show that your spouse engaged in some type of misconduct that caused the marriage to fail. Waiving the Minimum Waiting PeriodIn Utah, there is usually a minimum 90-day waiting period before a divorce may be granted. However, this delay may be waived if you can prove the waiver is warranted by extenuating circumstances. To waive the waiting period, you will need to file a Motion to Waive the 90-Day Waiting Period with the help of a divorce attorney. If your spouse objects by filing a Statement Opposing Motion to Waive 90-day Waiting Period in response, you must then file a Reply. Additionally, the judge will not decide anything until either you or your spouse files a Request to Submit for Decision. You may also request a hearing on the matter. While 90 days is the minimum duration of most Utah divorce cases, cases which need litigation to settle strong disagreements can take several years. • File the papers: You will turn in the original as well as the copies to the county clerk. Your papers will be reviewed and, presuming everything is in order, stamped as “filed.” The court will retain the original summons and any other papers as the official beginning of divorce proceedings. They will return the copies for both parties to you with the “filed” stamp. This stamp means your divorce is officially underway. Finalizing Your Divorce• Complete any necessary classes, courses, and/or tests: Many states have parenting classes and education courses that some or all divorcing parents are required to take before a divorce will be granted. Check with the county clerk, the court, or an attorney to determine if there are any instructional courses you need to take in order to have your divorced granted. Divorce LawyerWhen you need a divorce lawyer, 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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