How to divorce in utah

How to divorce in utah

Of course, every divorce case has its own facts and therefore there’s no one-size-fits-all time frame, but here are three things you should keep in mind when considering the timeline of your own divorce case.

Mandatory Waiting Period

The State of Utah used to mandate a 90-day waiting period, beginning from the date the petition of divorce was filed before a couple could actually get their signed documents back from a judge. Recently, that law was changed to a 30-day waiting period.

How to divorce in utah

Uncontested Divorces

Most divorces don’t resolve at the 30-day mark described above. “Uncontested” divorces, or divorces where spouses agree on all of the final terms they wish to be included in their divorce, can resolve within 30 days, but more typically are finalized between 60-90 days. These types of divorces are resolved much more quickly because there’s no need for hearings, no need for litigation, and fewer documents need to be filed. One common scenario we run into quite frequently is divorcing couples who think they’ve resolved all of their issues until we start drafting the final paperwork. Sometimes things come up they haven’t considered yet, like division of retirement accounts, what we call the “right of first refusal” in regards to parent-time, who gets the kids on various holidays, what summer parent-time looks like, etc. Failure to consider all the issues at play in a divorce can delay a final settlement.

Contested Divorces

“Contested” divorces, or divorces where spouses disagree on what the final terms of the divorce should be, can carry on for a long time. We’ve litigated divorce cases for longer than 2 years! The length of time from beginning to end depends on several things, including (1) how many issues are disputed between the spouses; (2) how many hearings need to be scheduled with the court; (3) whether you need to hire experts, like custody evaluators or forensic accountants; (4) whether spouses have the money to fund the divorce (paying attorney fees, hiring experts, etc.) or whether there are delays while spouses come up with more money; (5) whether the case settles in mediation; among other things. On average, it’s probably fair to say that most contested divorces resolve between about 8 – 12 months. However, if a case goes to trial, which is a very small percentage of cases, it can certainly last longer than that.

Divorce Attorneys at Red Law

Red Law Utah has divorce attorneys ready to help you with your divorce filings in Utah. Contact us today with any questions or concerns about your divorce case. We are here for you!

If you’ve just started considering a divorce, it helps to know what steps you’ll have to take to legally uncouple from your spouse. Every divorce is unique. Couples without children who haven’t been married for long may have a relatively quick and low-cost divorce, especially if both spouses are willing to negotiate. On the other end of the spectrum, couples who have been married a long time, possess complex estates, and want to punish the other spouse could endure a long, drawn-out, and spectacularly expensive divorce.

This all goes to say that your divorce process will depend on your situation as well as the specific laws of your state. However, all divorces do include certain legal steps, beginning with filing a divorce petition and ending with a judgment of divorce. Here are the legal steps you can expect to take if you decide that a divorce is the right option for you.

Step 1 – File a Divorce Petition

To start the divorce process, one spouse must file a legal petition with the court asking for a divorce. You’ll need to file the divorce petition in the county where at least one spouse resides (and ensure that the spouse meets the state’s residency requirements). You may state legal grounds for divorce. Every state allows you to file a no-fault divorce, which won’t place the blame on either spouse. However, if you’d like, you can claim a “fault” for the divorce, such as adultery. The laws regarding which reasons you can claim for a divorce, if any, vary by state.

Step 2 – Ask for Temporary Orders

Even relatively “quick” divorces can take months to reach their end. Spouses who rely on their soon-to-be-ex for financial support could struggle in the interim while things like alimony and/or child support are figured out. If this might represent your circumstance, you can request a temporary order. A judge will hold a hearing with both spouses to determine the situation and will then decide whether to grant the order.

Temporary orders can cover a lot of different requests. You could, for instance, request that your spouse continue paying certain bills or that neither spouse be allowed to sell or get rid of any marital property (known as a property restraining order, order to preserve assets, or something similar).

Step 3 – Serve Your Spouse

Once you file a petition for divorce, you’ll need to serve your spouse with the paperwork and give them the opportunity to respond. If you and your spouse are on the same page about the divorce, this can be a relatively easy and quick step. Your spouse merely needs to sign the paperwork and submit it to the court.

In other cases, this step can be difficult. If you don’t know where your spouse is, or if you spouse doesn’t want to sign the paperwork, you may need to hire a professional process server to ensure your spouse receives the divorce petition. If your spouse still cannot be found, you may even need to seek special permission from the court to serve your spouse via publication in a newspaper of general circulation. Proof of service will then be filed.

If your state requires a waiting period before a divorce can be finalized, the proof of service will start the clock on the waiting period.

Step 4 – Your Spouse Responds

If your spouse agrees to the divorce, they only need to sign the receipt of service for the divorce petition to keep the process moving. However, they have the option of filing a response with the court. They can file a response agreeing to the divorce, or they can dispute any point in the petition, including the fault you cited, property, support, etc. If your spouse disputes the petition and the dispute is unresolved, it will be decided at trial.

Your spouse must file their response by a certain deadline, which depends on your state. You will then receive a copy of your spouse’s response and a proof of service will be filed with the court.

Step 5 – Prepare for Negotiation or for Trial

Once your divorce petition and your spouse’s response have been served and recorded, you’ll move into the next phase of divorce where you either prepare to begin settlement negotiations or prepare for trial. During this phase, you’ll need to complete interim requirements or pretrial requirements. States have different requirements during this phase, but, generally, you’ll have to file financial statements that list of your assets, liabilities, income, and expenses. Your spouse will have to do the same. If you have minor children, you may be required to attend a course designed to inform you about raising children after divorce. This is also where you establish guidelines for spousal and/or child support if the state requires it.

Step 6 – You Negotiate a Settlement… or Go to Trial

The next phase of the divorce is the settlement process where the couple divides their assets and figures out things like alimony and child custody. If you signed a prenuptial agreement and it is legally valid, it will come into play during this step.

States have different ways of handling settlement negotiations. In some states, the courts will schedule a settlement conference between each side and their lawyers. Other states will require couples to begin with mediation before going to trial.

If possible, mediation is a good first step. During mediation, a neutral third party – the mediator – will help both sides work toward a fair settlement. Collaborative divorce is another option. When choosing a collaborative divorce, both couples agree not to go to trial. Instead, they hire a team of specialists to help them work collaboratively to achieve a settlement.

If you and your spouse try mediation but still can’t come to an agreement on certain aspects of the divorce, then the final option is to go to trial.

Going to trial usually means hiring an attorney who will argue your case before a judge who will make a binding ruling. This can be a long and expensive process. It takes a lot of time and effort by spouses, their lawyers, any hired experts, and anyone else who may be involved to prepare for trial.

Step 7 – The Court Signs a Judgment

If you and your spouse reached a settlement out of court, you’ll need to send it to the court for review. (Typically, an attorney will draft the settlement.) If the court finds that the settlement is acceptable, it will approve and sign a judgment order. If you tried your case in court, the judge will determine the final judgment. You may be in for a wait of weeks or months before you receive a judgment order. If your state has a waiting period, the judgment order will be entered after the waiting period expires (unless the waiting period can be waived for good cause).

You Are Now Divorced

Once you have the judgment in hand and your state’s waiting period is over, you are legally divorced from your spouse. The provisions of your settlement will kick in and you and your ex will be legally allowed to remarry. It’s not uncommon to discover loose ends after the judgment that still need to be tied up. For the most part, however, it’s now time to move on with your life and start a new chapter.

This article provides a very broad overview of the steps of divorce. Your actual experience will vary. As you become more serious about your divorce intentions, it’s a good idea to dive into the details. You can do that by consulting with a local divorce attorney and/or signing up for a Second Saturday Divorce Workshop near you.

Men and fathers going through a Utah divorce face an array of challenges that threaten to upend their lives. Cordell & Cordell’s Utah divorce lawyers focus on representing men during the divorce process and that gives them a better understanding of how the state’s laws affect them and their families.

Read through our Utah divorce and child custody articles to gain a better understanding of the road ahead. Educating yourself about the divorce process in Utah will improve your ability to communication with your divorce lawyer, which goes a long way toward helping your reach your goals in Utah family court.

Utah men’s divorce attorneys provide answers to frequently asked questions about divorce in Utah and Utah divorce laws.

Frequently Asked Questions

What are the grounds for divorce in Utah?

Utah is considered a “no fault” state. This means that you do not need the consent of your spouse to obtain a divorce, nor are the reasons why you want a divorce considered in granting the divorce. In Utah, the courts can enter a divorce decree upon showing that:

  • One of the parties has lived in the state and county for three months prior to the commencement of the proceedings;
  • Allegations of irreconcilable differences in that the parties have been unable to resolve their marital problems, making continuation of their marriage impossible;
  • And those 90 days or more have elapsed since the court acquired jurisdiction over the other party either as a result of process or by the other party entering appearances.

What is the cost of divorce in Utah? Can I afford it?

Unfortunately, there are no set numbers on how much your divorce in Utah will ultimately cost. You do have several options in lieu of trial that will cut costs such as mediation and settlement discussions.

Do I really need to hire an attorney for my divorce in Utah?

It is possible to complete your divorce without representation by an attorney. However, it is not recommended as this process is emotional and often more difficult than originally expected. An attorney can ensure that your interests are protected during the process as well as give you valuable advice on the overall proceedings.

The long-term benefits of knowing and understanding your rights and having an advocate on your side will be well worth the upfront costs of hiring a professional.

Is Utah a no fault state for divorce?

No, Utah is a no fault state. However, fault is a factor considered by the court in reviewing whether alimony should be awarded. This fault factor is currently not being enforced by the courts due to the Utah Appellate Court declaring they are unable to define fault.

This last session of Congress there were several bills introduced, which would further define fault. These bills however, did not have favorable language to fathers. The attorneys at Cordell & Cordell strongly opposed these bills and contacted all Senators with our position. In part due to our efforts, these bills were not passed.

Can I get maintenance in Utah or will I have to provide maintenance to my spouse?

Maintenance, also called alimony or spousal support, is never a guarantee in Utah divorce cases as there is no set formula for determining the length or amount of the awards. The court will look at all relevant factors in determining the appropriateness of a maintenance award, including:

  • The duration of the marriage.
  • The standard of living established during the marriage.
  • The age and the physical and emotional condition of each party.
  • The financial resources of each party, including the non-marital and the marital assets and liabilities distributed to each.
  • The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
  • The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, childcare, education, and career building of the other party.
  • The responsibilities each party will have with regard to any minor children they have in common.
  • All sources of income available to either party, including income available to either party through investments of any asset held by that party.

Created byВ FindLaw’s team of legal writers and editors | Last updated December 11, 2018

When a couple gets married, it’s generally a happy time in their lives and they don’t think about divorce. Despite this hope, sometimes divorce is necessary for the health and sanity of both parties. The old axiom of about 50% of marriages ending in divorce has been found to be inaccurate, but a good number of marriages still don’t last forever.

If you have children, child custody and child support are important parts of the case that will keep you and your former spouse in family court until the children are adult that aren’t eligible for child support, which in Utah can be ordered until they’re 21 years old. No matter what your individual circumstances are, a couple seeking a divorce must comply with the following divorce laws before they are able to divorce in Utah.

Note: State laws are updated constantly. It’s a good idea to verify these divorce laws by contacting a knowledgeable family law attorney or conducting your own legal research.

Research the Law

  • Utah Law
  • Official State Codes

Related Resources

  • How to Divorce
  • Help Getting a Divorce
  • Utah Marital Property Laws

Learn How Utah Divorce Laws Will Affect You: Speak with a Lawyer

Remember that while it’s possible to file for a divorce on your own, it may cost you more in your property or assets than you’d like to give up. So, if you’re ready to get a divorce, it’s important to speak with an experienced divorce attorney in Utah to understand your rights and the financial implications of getting divorced.

For uncontested divorces, our most popular service offered is our Do-It-Yourself Divorce. Doing your own divorce through Utah Legal Clinic is easy and economical. The process will save you substantial money and allows you to end a marriage with minimum involvement by lawyers and the legal system. We have been helping people in Utah do their own divorces since 1973. To qualify for a Do-It-Yourself Divorce, your divorce must be completely uncontested. This means you and your spouse must be in full agreement as to all terms. Many times, Utah Legal Clinic can determine quickly over the phone if you qualify for the Do-It-Yourself Divorce service. In most cases, no court hearing is required for uncontested divorces.

Our Do-It-Yourself Divorce services includes:

  • Intake appointment with a Paralegal and/or Attorney to determine that you qualify for a Do-It-Yourself Divorce;
  • Preparation of all necessary documents;
  • Detailed step-by-step instructions for filing your own papers and getting all necessary signatures from your spouse;
  • Copies of all executed documents for you;
  • Copies of all executed documents for your spouse;
  • Assistance throughout the steps of your “Do-It-Yourself Divorce,” if needed.

Who Is Eligible

In order to represent yourself, that is for you to do your own Do-It-Yourself Divorce, both you and your spouse must agree upon all terms of the divorce such as debt division, property division, and child custody.

In order to complete a Do-It-Yourself Divorce, your divorce must be simple. Parties that have been separated for a long time, who have few debts, and who have already physically divided all of their property can easily proceed with a Do-It-Yourself Divorce. We encourage you to have already mutually agreed with your spouse as to all terms of the divorce before you come in for your appointment. You should prepare a complete list of all items that have been resolved, how debts and property should be divided, etc. Our office can help you determine if your divorce is considered simple. Representing yourself in a divorce involving complicated terms or extensive debts and property is discouraged.

Filing Fees

The filing fee for a divorce in Utah is $333.00. That fee is paid directly to the Court when you file your divorce papers. Our fee for the Do-It-Yourself Divorce without minor children (for an action not involving custody of minor children) is $575.00. That amount includes

30 pages of typing necessary for the divorce. Thus, your total cost with the court filing fee is $908.00. Our fee for the Do-It-Yourself Divorce with minor children (for an action involving custody of children) is $725.00 which includes

50 pages of typing. Thus, your total cost with the court filing fee is $1058.00. In many circumstances the filing fee may be waived. For more information on waivers, you can visit the Court’s website.

Waiting Period

There is a mandatory thirty (30) day waiting period for all divorces in Utah. This waiting period is intended to allow a “cool off” period for parties contemplating divorce and offer a chance at reconciliation. In some cases, the court will waive the mandatory waiting period. To have the waiting period waived, the parties must demonstrate to the court that the parties have attempted to reconcile but have been unable to do so, or that there are other circumstances that prevent the parties from reconciling. Our office can prepare the additional paperwork asking the court to waive the mandatory waiting period for an additional $75.00. However, we can not guarantee that the Court will waive your waiting period.

With Children

If you have minor children from your marriage, you and your spouse are required to attend a mandatory one-hour Divorce Orientation and a two-hour Divorce Education Class. Information about both classes can be found at Utah Courts. The cost for the Divorce Orientation is $30.00 per parent, and the cost for the Divorce Education Class is $35.00 per parent, for a total per-parent cost of $65. The costs to attend those required Courses are the responsibility of each parent. Proof of attendance for both you and your spouse must be filed with the Court prior to your divorce being entered. You should plan on attending the orientation and parenting class as soon as possible after you have filed your initial papers and received your case number. You do not have to attend that class with your spouse.

Get Started

To begin your Do-It-Yourself divorce, please download and fill out the Divorce Interview Sheet and contact our office to schedule your appointment. For more information see our resources for Summary of Utah Divorce Law and Do-It-Yourself Divorce.

The State of Utah charges court fees for filing a divorce. These fees are in addition to the charges for utilizing UtahOnlineDivorce.com. The filing fees may vary from county to county. You can obtain the exact costs for the court fees by contacting your local clerk of courts.

  • Residency Requirements
  • Grounds for Divorce
  • Same-sex divorce
  • Divorce Mediation
  • Filing Fees
  • Division of Property
  • Alimony
  • Child Custody
  • Child Support
  • Our Guarantee

Disclaimer: UtahOnlineDivorce is not a law firm and its services, website, forms or templates are not a substitute for the advice or services of an attorney. UtahOnlineDivorce provides access to computer-aided self-help services at your specific direction. UtahOnlineDivorce’s website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. UtahOnlineDivorce is a website that provides access to self-guided online questionnaires. UtahOnlineDivorce does not sell blank forms, and a user can download those on a court’s website.

Your access to the website is subject to our Terms Of Use.

This website is not associated or affiliated with the state of Utah.

© 2000-2022 Online Divorce Service LLC, All Rights Reserved

The State of Utah offers mediation in cases where there are contested issues regarding child support, custody or visitation. By resolving issues in mediation before divorce proceedings are initiated, the divorce case can proceed through the court as uncontested, allowing it to qualify for a quick online divorce.

  • Residency Requirements
  • Grounds for Divorce
  • Same-sex divorce
  • Divorce Mediation
  • Filing Fees
  • Division of Property
  • Alimony
  • Child Custody
  • Child Support
  • Our Guarantee

Disclaimer: UtahOnlineDivorce is not a law firm and its services, website, forms or templates are not a substitute for the advice or services of an attorney. UtahOnlineDivorce provides access to computer-aided self-help services at your specific direction. UtahOnlineDivorce’s website and written instructions provide general information about the divorce process only; we cannot give you any specific advice, opinions or recommendations as to your selection or completion of forms or your particular legal rights, remedies or options. UtahOnlineDivorce is a website that provides access to self-guided online questionnaires. UtahOnlineDivorce does not sell blank forms, and a user can download those on a court’s website.

Your access to the website is subject to our Terms Of Use.

This website is not associated or affiliated with the state of Utah.

© 2000-2022 Online Divorce Service LLC, All Rights Reserved

As a divorce lawyer, I’m regularly asked about how adultery affects divorce. In Utah, adultery (infidelity) is one of the statutory grounds for divorce. Incompatibility, gross neglect of duty, extreme cruelty, and habitual drunkenness are also grounds for divorce in Utah. None of these grounds are more legally significant than any of the others – they will all suffice to allow the court to find that there are grounds to terminate the marriage.

In Utah, as in most states, adultery is not legally relevant to custody matters. In the eyes of the law, a person can be a bad spouse and that has nothing to do with whether they are a bad parent.

In Utah, adultery has no legal relevance to the division of property. A court will not give one spouse more property than the other in order to punish the spouse who has been unfaithful. In Utah the primary purpose of the divorce court is to divide things and end things.

In Utah, one spouse’s commission of adultery does not automatically mean that the other spouse will be awarded the marital home in the divorce. If the one spouse asks the other to leave as a result of adultery, the faithful spouse will not be any more entitled to have the house than he or she would have been if adultery were not an issue.

In Utah, just because the marriage is ending after adultery, that does not mean a court will fail to consider shared parenting.

Once the marriage is over, the court will rarely enter an order requiring separation between the “object of affection” and the children. Unless a court finds a parent unfit, that parent will have the right to make their own child care arrangements.

When one spouse is leaving a marriage because of adultery, the other spouse may unnecessarily prolong divorce litigation in order to maintain a connection. While adultery is not legally relevant, it is not unusual for divorce litigation to confuse the feelings surrounding infidelity with the legal issues surrounding the end of the marriage.

If one of the parties alienates the children by disclosing the other parent’s infidelity, or worse, by stating the infidelity as the reason for the end of the marriage, a court may find that the disclosing parent is unable to put the needs of the children before their own need for vindication. A pattern of such behavior, with no regard to the strain it causes on the children, could result in custody of the children being awarded to the party who committed adultery, rather than the party who chose to discuss the adultery with the children.

In Utah, the court does not care if you were a good spouse to the unfaithful party, and you did not cause the end of the marriage. The court only cares that the marriage is ending and things have to be ended and divided. You will not be awarded any more spousal support (alimony) than you would receive otherwise, and the court is not going to order the leaving party to “find a way” to let you maintain the exact same lifestyle that you lived before the end of the marriage. The court is going to expect you to live as if the income available to the parties is now being divided among two households.

Be honest with your lawyer about infidelity – it is never a good thing for your lawyer to find out about any relevant information by surprise.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

It is the most common question asked of divorce attorneys throughout Salt Lake City. How long does it take to finalize a divorce? It may seem like an easy question. But the answer is hardly simple. The truth is no two divorces are the same. Each case and the parties involved have their own unique set of characteristics and circumstances. However, the question does become easier to answer once several factors are taken into consideration.

Factors Determining the Length of Divorce in Utah

Although divorce may seem complex, it can be narrowed down to two categories—contested and uncontested divorce. Uncontested divorce cases are generally the easiest marriages to terminate. Both parties are able to come to mutual agreements on important issues, such as alimony, child support and the division of marital assets. But when it comes contested divorce, the situation becomes more complicated. Here are some important factors that will ultimately decide the length of your divorce.

  • Are you willing to waive minimum waiting period?
  • Does your spouse plan to file an appeal after divorce?
  • Are you able to obtain a default judgement?
  • Are there any children involved?

Facts about the Minimum Waiting Period

In most Utah divorce cases, there is a 90 day minimum waiting period before a divorce can be finalized. However, it can be waived if either party can prove if there are relevant circumstances that are needed to be addressed by the court. To waive the waiting period, a divorce attorney from either party will have to file a petition with the court. Although 90 days is the minimum requirement to terminate a marriage in Utah, some contested divorces can take several years to resolve.

What If My Spouse Does Not Respond to a Divorce Request?

Contested divorce can often get messy from the beginning. In some instances, one spouse may refuse to sign divorce papers. The recipient spouse has 21 days to respond to a divorce request initiated by the petitioner. Should the respondent spouse fail to respond to a divorce request, the petitioner may be awarded a default judgment from the court.

How Children Affect the Divorce Process

When it comes to divorce in Utah, children are an extremely important factor. The ultimate goal of Utah family courts is to decide what is in the best interest of the children. If both parties have children under 18 years of age, they will be required to attend a divorce orientation and education classes.

Don’t Forget the Appeal Process

Divorce does not end with a decree from the court. Although a settlement may initially signify a finalized divorce, both parties have the opportunity to file for an appeal. Keep in mind, all appeals must be filed within 30 days of the court’s divorce decree.

This website contains information for completing Divorce Orientation and Divorce Education requirements online. For questions about whether you are required to take these courses, please see the court’s official website (utcourts.gov and select Mandatory Education in Divorce and Temporary Separation). The online Divorce Orientation course is $30. The online Divorce Education course is $35.

Registration and Payment

To take the online course on-demand, go to usuextension.digitalchalk.com.

Waivers

Fee waiver documentation must be submitted prior to registering/paying for the course and will not be used to process refunds. Fee waiver documentation must be signed by a judge using a court-approved form. Send the signed fee waiver documentation as a pdf or jpg file to [email protected] A discount code and registration directions will be sent to you within five business days. Discount codes may be requested by, and will only be sent to, the approved party listed on the fee waiver documentation.

Certificates of Completion

Certificates of Completion are auto generated once you complete the course. They are available to print on-demand by clicking on the “Dashboard” tab and then clicking on “Completed Courses.” From there, you can print a receipt and the certificate for each course. Certificates will not be emailed to you, the Court, your spouse, or lawyers. If you choose to proceed with a divorce, it is your responsibility to print and submit the certificates of completion to the Court. For detailed instructions on accessing your certificate, please click here.

You’ve decided you’re ready to get divorced, but what do you need to do next? You need to learn how the process works. While divorce is generallly an adversarial action, pitting spouse against spouse, the following articles and legal resources are tailored toward helping individuals navigate the process as smoothly as possible. This section covers no fault divorces, where to file for divorce, serving and answering a divorce petition, the discovery and general family court process, divorce records and related privacy issues, child support and custody, divorce mediation, and more. You’ve come to the right place for an overview of the divorce process.

Legal Requirements to Divorce

You first need to consider where to file for divorce. Typically, this is the county and state where one or both of you live. First, determine if you meet the state’s residency requirements. If you or your spouse are in the military, you may file where currently stationed. However, there are rules to protect active duty servicemembers from civil lawsuits. For more, read the articles on residency, eligibility for divorce, and military divorces here.

Completing and Filing Divorce Petitions

To complete the divorce petition, first consider whether you want a “no fault” or “fault” divorce. Fault divorces are for things such as abuse or adultery, read more in the articles below. If you don’t have any kids or many assets, you could get a “summary” divorce. With children, there’s child custody and child support papers to complete. Find articles explaining the types of divorces, the typical timeline, and even how to change your name in this section.

You can complete divorce forms on your own, at a self-help legal clinic, or with a lawyer. As you don’t want to unnecessarily waive your marital property, spousal support, or other rights, seeking legal advice is a good idea, especially if you have many assets.

Serving Divorce Papers

Once you’ve filed your divorce papers at court, you have to “serve” them on your spouse. Generally, this means another adult must physically give the papers to your spouse. You can use professional servers or save money by having a friend serve the papers for you. If domestic violence is involved, the police in some counties will serve the papers, without charging the usual fee.

Answering a Divorce Petition

Maybe your spouse just served you with dissolution papers. You still have the opportunity to tell the court what you do and don’t want in the divorce. Take care to “answer” within the deadline set by state law. In responding, you can fill out the court forms yourself, at a legal clinic, or with the help of an experienced divorce lawyer. If there are disagreements about what to do with children or property, consideri hiring an attorney.

Mediation and Settling a Divorce Case

Many divorces settle with an agreement both parties can live with. Many states require mediation to help reach a property settlement and a parenting plan everyone can follow. Even without a formal program, you and your spouse can use a “collaborative” divorce process from the beginning or can use an “alternative dispute resolution” specialist to help you settle your divorce, read more by clicking the links below.

Trial and Appeals

If your case goes to trial, you’ll need to present evidence, possibly including testimony from witnesses, so the judge can decide a property settlement for you. It will be easier if you’re represented by an attorney at trial. It’s also possible you want to appeal or modify a divorce judgment. This section provides articles on these topics as well.

Learn About How to Divorce

Where to File for Divorce

The process and requirements for filing divorce often differ depending on the state, county, or district. In this section, you’ll find a number of considerations to keep in mind when determining where to file.

Eligibility for Summary Divorce

Summary divorce is a streamlined divorce process that can save you time and money. Learn about the advantages of summary divorce and the eligibility requirements involved.

Filing and Serving the Divorce Petition

A guide to “serving” divorce papers on your spouse. This section provides information on the process and requirements of serving divorce papers, including where to file the petition and how to serve it.

Answering the Divorce Petition

Information on what to do after you’ve been served with divorce papers. Learn about what the answer should contain and the consequences of failing to respond to divorce papers.

Divorce Residency Requirements FAQ

Answers to frequently asked questions on residency and domicile, out-of-state divorces, and the effect of residency on child custody determinations, including a listing of durational residency requirements by state.

Settlement Agreements and Court Approval

Most divorce cases reach a settlement before having to go to trial. This section provides information on settlement agreements, partial settlement, the advantages of settling, and court approval.

Summary of Utah Divorce Costs

Filing fee – The Court’s filing fee is $318. Uncontested divorce – On average firms will charge $999 – $2000, but it can be as low as $450. Contested divorce – These divorces are billed at an hourly rate. The average cost is $2000 – $6,000.

Secondly, Is Utah a no fault divorce state? In Utah, when you file for a divorce, you must submit a petition to a court providing a legal reason for your request. However, Utah is a no-fault divorce state, which means one spouse does not have to be guilty of misconduct for proceedings to begin.

How long does the average divorce take?

If you agree on your divorce and the reasons why, getting a divorce legally finalised will usually take 4 to 6 months. It might take longer if you need to sort out issues with money, property or children, which will have to be done separately.

Similarly, Is Utah a 50 50 divorce state? Utah is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.

  • 1 What is the easiest way to get a divorce in Utah?
  • 2 How many years do you have to be married to get alimony in Utah?
  • 3 What is a short marriage in divorce?
  • 4 Who gets the house in a divorce in Utah?
    • 4.1 What are the grounds for divorce in Utah?

What is the easiest way to get a divorce in Utah?

The 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.

Does it matter who files for divorce first in Utah? Generally no, it doesn’t matter which spouse files for divorce. There is no legal advantage to filing the petition for divorce first; however, there may be strategical advantages. For example, whoever files first may get to choose which court will be hearing the divorce.

Is a sexless marriage grounds for a divorce? A sexless marriage may be grounds for divorce for some people, depending on how important sex is to them and how much work has been put into solving the issue as a couple. Some couples rarely or never have sex, and both people are totally fine with that.

Can you date while separated in Utah? Legally you cannot be married to more then one person at the same time. Therefore, until your divorce decree is entered (no sooner then 91 days upon filing for divorce) you cannot remarry. The decision to begin dating again is a personal decision that only you can decide when the time is right.

How many years do you have to be married to get alimony in Utah?

(1) If your marriage is less than four years, it will be very difficult to obtain alimony. (2) If your marriage is four or five years, it’s a toss-up. (3) If your marriage is more than five years, it’s likely to end up with an alimony award.

Can you get a quick divorce? A quick divorce can be achieved when both parties agree the marriage has broken down irretrievably and want to get divorced. This is the simplest form of divorce. A quick divorce does always require the co-operation of both parties.

Is divorce free after 5 years separation?

If you have been separated for 5 years you are entitled to apply for divorce, even if your spouse does not consent. Your spouse can only oppose the divorce if they can argue that ending the marriage would result in serious financial or other hardship.

What counts as unreasonable behaviour for divorce? When talking about divorce, ‘unreasonable behaviour’ is the term used to describe that an individual’s spouse has behaved in a way that means they cannot be reasonably expected to continue living with them.

What is a short marriage in divorce?

A short marriage is typically considered to be one of five years or less.

Do you have to be separated before divorce in Utah?

In Utah, there is no minimum time period that you need to be separated before a divorce is granted. No matter how long you have been separated, the court will grant your divorce 91 days after filing.

What not to do when going through a divorce? What Not To Do During Divorce

  1. Never Act Out Of Spite. You may feel the impulse to use the court system to get back at your spouse. …
  2. Never Ignore Your Children. …
  3. Never Use Kids As Pawns. …
  4. Never Give In To Anger. …
  5. Never Expect To Get Everything. …
  6. Never Fight Every Fight. …
  7. Never Try To Hide Money. …
  8. Never Compare Divorces.

Can I get divorce without going to court? No it is not possible for you to take divorce legally without going to court. If both parties are ready than go for Mutual Consent Divorce in which case you will have to appear in court only 4 times on different dates. If your marriage is legally solemnized than only way for legal divorce is through Court.

Who gets the house in a divorce in Utah?

In a divorce, the distribution of property depends on which property belongs to the marriage – marital property – and which property belongs to each of the two spouses – separate property. Generally, marital property is property acquired or earned during the marriage, including earned income.

Can you file for divorce without a lawyer in Utah? The Utah Courts offer an Online Court Assistance Program (OCAP) to help divorcing couples prepare divorce paperwork without an attorney. There are separate packages of forms for the spouse who initiates the divorce proceeding (the “petitioner”) and the other spouse (the “respondent”).

How long do you have to be married in Utah to get alimony?

-How long do I have to pay alimony? With Utah law a person can generally not receive payments for longer than the marriage lasted, unless there are extenuating circumstances or the spouses agree otherwise. For example, if the couple was married for eight years they shouldn’t expect payments for longer than eight years.

How much is child support in Utah? The court orders a flat percentage of 25% of the non-custodial parent’s income to be paid in child support to the custodial parent.

What are the grounds for divorce in Utah?

WHAT ARE THE GROUNDS FOR DIVORCE IN UTAH?

  • IRRECONCILABLE DIFFERENCES of the parties.
  • IMPOTENCY at the time of marriage.
  • ADULTERY committed subsequent to marriage.
  • Willful DESERTION of the other spouse for more than one year.
  • Willful NEGLECT TO PROVIDE the common necessities of life.
  • Habitual DRUNKENNESS .

How to divorce in utah

Of course before getting into a divorce couples should seek marital counseling. There are professional counselors as well as those provided through churches, local government, usually health departments, or other organizations for little or no charge. But when they decide that it doesn’t work anymore, they would need to go through a divorce process with the help of divorce lawyers.

If you live in Utah, you may have to deal with some particular laws. Divorce Lawyers in Utah can help you understand these laws. But you can also read the details down below to prepare for this process.

Justifiable Divorce in Utah

If the couple have children then the parents, responsibility to save the marriage is even greater. However, there are some things which are simply inexcusable and are justifiable for divorce:

  1. Addictions for which the addicted will not accept responsibility and treatment;
  2. Adultery;
  3. Abuse – physical or severe mental; and
  4. failure to provide support.

Filing Divorce Form

Only one spouse needs to file for a divorce. Utah is a no-fault divorce state, meaning divorce can be granted without proving who is guilty. Although, if there is serious fault by one spouse that evidence can be used to affect the ultimate judgment, such as in alimony awards or property divisions. If there is no significant disputes about property, alimony or children then a couple can file for a “do-it-yourself” divorce.

Simplified forms are available from “kiosks” located in some libraries and courthouses or on line at http://courtlink.utcourts.gov then follow the links. However, you are cautioned that if there are children, notable assets including retirement accounts or real estate or issues providing conflict it is wise to have an attorney review the documents.

Alimony

Under Utah law, the lesser income side, generally the wife, is entitled to support (alimony) for the same number of years as the couple was married. The amount of alimony is generally calculated so as to result in both spouses having about the same disposable income.

Custody is frequently a difficult issue. There is an unwritten presumption that wives have the edge in obtaining residential custody. However, there are a large number of fathers with custody. The court looks to what is in the children’s best interests. Often a professional will be required to make a recommendation after home visits and psychiatric studies of the parents. The courts are usually willing to accommodate any reasonable arrangement to which the parties agree. In the event of disagreement, Utah has a schedule of “standard visitation” which the courts will enforce to grant minimal visitation to a spouse. However, the children should have more than minimum visitation – they are generally the big losers in the marriage breakup and the little solace they get comes from more frequent visits with estranged parents – so long as those visits are for the benefit of the children and not for the venting of a parent’s hostilities.

Property Share

Marital property, defined as the property acquired by the couple during the marriage is divided equally. Property includes retirement accounts, equity in homes, businesses or investments and all of the furniture and other property accumulated. Marital property does not include property owned before the marriage or obtain as an inheritance or gift. (Although the appreciation in value of the marital residence, investment or business may become marital property.) The children’s personal property is usually left with the custodial parent, or separated for the use of the children in some fair manner. Likewise the marital debts are shared, generally in relation to the ability to pay.

Child support

Child support is an obligation of both parents. It is calculated from a schedule established by the Utah Supreme Court, based on the income of both parents, the number of children and other relevant factors. Each parent pays a percent of the total child support figure from the tables based on that parent,s income.

Any of these arrangements can be modified by agreement. However, the court will usually review all such arrangements to make sure that one person does not take unfair advantage of the other.

Do you have to hire a divorce lawyer in Utah?

Although it is not mandatory, especially if there are no children or significant property, a divorce lawyer is highly recommended in most cases. While if the couple are reasonable and cooperate in settlement, they might find a middle way, most marriages do not end with reasonable people. So divorce lawyers can remove most of the stress from their back and and help sides to find solutions.

It is a very emotional event. If there are disputes about custody, visitation, or property it is wise to use a lawyer. It is rarely wise for both to use the same lawyer. The lawyer may have a conflict of interest unless the parties are very cooperative.

The #1 Choice for Do It Yourself

How to File for Divorce in Utah

Step 1 – Download divorce papers for Utah using one of the buttons above.

Step 2 – The spouse who decides to file for divorce must complete the forms and then file them with the Circuit Court Clerk’s Office in the county where he or she resides, in addition to paying the proper filing fee. These may include:
Utah Complaint of Divorce
Affidavit of Testimony in Support of Decree
Divorce Information Sheet

Step 3 – You must notify your spouse of the filing by sending him or her copies of the filed documents from Step 2 and the Answer, Waiver, and Agreement for Taking of Testimony. Next, your spouse must return the Answer, Waiver, and Agreement for Taking of Testimony to you so that you can deliver the forms to the clerk.
IF YOU HAVE MINOR CHILDREN — Schedule a time to meet with your spouse to complete the forms related to your children. These may include:
Child Support Obligation Income Statement
Child Support Guidelines
Child Support Guidelines Worksheet
Child Support Guidelines Notice of Compliance

Step 4 – You will have to negotiate the division of your property (i.e. assets and debts) by jointly completing the Separation Agreement. Using the completed Separation Agreement, you then must complete the Final Decree and Judgment of Divorce.

Step 5 – After completing the Final Decree and Judgment of Divorce, the spouse who filed for divorce must file these forms. At the clerk’s office, you may schedule a court hearing date if necessary. The clerks office will inform you if a hearing is necessary to complete the divorce, or if a judge will authorize your Final Decree and Judgment of Divorce. If the judge does so, the clerk will mail you the courts authorization. Whether you receive the Final Decree and Judgment of Divorce in the mail or at the court hearing, you will have to file it with the clerk. This filing will complete your divorce in the state of Utah.

About Utah Divorce Planning

At Utah Divorce Planning, we specialize in helping clients understand the financial ramifications of divorce, make educated decisions regarding your divorce settlement and create a financial plan for life after divorce.

Billy Peterson is one of only a handful of Certified Divorce Financial Analysts in the state of Utah. By using a CDFA first, as part of your divorce planning team, you can save time, stress and money and improve the chances of achieving the financial outcome you desire. An experienced CDFA gathers, organizes and analyzes financial material, helps identify marital assets and separate property and can project several outcome scenarios to show what is in your best long-term interest. A CDFA is never meant to take the place of an attorney, but can be an invaluable asset in helping to secure a successful financial settlement.

I thought Billy did a fantastic job at trial. The client and I were so pleased. The judge was taking copious notes during Billy’s testimony. He was credible and articulate. I don’t think the information could have been presented any better.

Reasons To Hire A CDFA

1. Financial analysis conducted early in the divorce process can save time.

The average length of the U.S. divorce process is one year. In a case with complex financial issues, it can drag out far longer. The longer a divorce takes, the more expensive it is for both parties. In the beginning stages, both parties spend a great deal of time trying to get a clear understanding of the financial aspects and terminology of the separation. A CDFA can clarify aspects of the pending decisions and help to empower people to make educated decisions throughout the proceedings.

2. A CDFA can help their client save money during the divorce process.

By using a CDFA professional, you will get a thorough understanding of the complicated decisions you need to make, and a clearer view of your financial future. Only then can you work with your attorney to craft a legal settlement that fully addresses your financial needs and capabilities. When a settlement is tossed back and forth between attorneys without clarity from clients about what is fair, realistic and in their best interests it is time consuming. Time is money.

3. A CDFA can help his or her clients to avoid long-term financial pitfalls related to divorce agreements.

Working with a client and their attorney, a CDFA professional can forecast the long-term effects of your divorce settlement. What seems fair today may shift a great deal over time. It’s important to take a long-term view of issues involving taxes, benefits and retirement. Developing a long-term forecast for your financial situation is far better than a short-term snapshot. Financial decisions must be made that not only take care of immediate family needs, but future needs as well.

4. CDFA professionals can assist their clients with developing detailed household budgets to help avoid post-divorce financial struggles.

A CDFA professional can help you think through what the divorce will really cost in the long run and develop a realistic monthly budget during the financial analysis process. Expenses such as life and health insurance, college education costs, and cost of living increases need to be factored in when agreeing on a final financial settlement.

5. Using a CDFA professional can reduce the amount of apprehensions and misunderstanding about the divorce process.

Misinformation and misconceptions about the divorce process can be detrimental. Many have false expectations that they will be able to secure a divorce settlement allowing them to continue with their accustomed style of living. Financial divorce analysis helps ensure a good, stable economic future and prevent long-term regret with financial decisions made during the divorce process.

Divorcing your spouse is an emotional and oftentimes confusing process. If there are difficult issues that need to be addressed, or you are concerned about your legal rights, you should speak with an attorney. But if you and your spouse agree on most things and can interact in a civil manner, you may be able to represent yourself. If I were you, I’ll call a divorce lawyer.

How to divorce in utah

In Utah, each court has a clerk’s office and many courts have a court service center (or self-help center) with staff that can answer your questions and give you information about court procedures (but can’t give legal advice).

Preparing Your Forms

To start a divorce in Utah, you have to fill out two forms:

  1. Summons Family Actions, and
  2. Divorce Complaint/Cross Complaint.

The “Summons” is the document that tells your spouse about the divorce proceeding and when to come to court.

When you fill out the “Complaint,” you’ll need to provide more personal information about you, your spouse, and your children, if you have any. In the Complaint, you say why you’re seeking a divorce – either because the marriage has “broken down irretrievably,” or based on one of the fault grounds listed in the Utah statute.

In addition to asking for divorce, you can also ask the court to determine custody of children, award child support or alimony, divide marital property and debts, and restore a prior name.

Along with the Complaint, you’ll have to attach a “Motion for Temporary Orders and the “Affidavit of Respondent,” if you have children with your spouse.

The Temporary Orders informs your spouse about the orders that motion so that they can go into effect at the beginning of your divorce case in Utah. They prevent both of you from doing anything that would negatively impact marital property or children without the other’s consent, like selling the house or moving the children out of state.

The Affidavit Concerning Children asks for information about where and with whom your children have lived for the last five years and whether there have been prior custody or visitation cases about your children.

Filing Your Forms

Once you’ve filled out the paperwork, take it to the Superior Court Clerk’s office in the judicial district where you or your spouse lives. The clerk can assist you in determining a “Return Date.” Neither you nor your spouse has to come to court on the Return Date. It’s really just a date that determines when papers have to be served and filed.

The Return Date must be a Tuesday and should be at least four weeks after the day you file your original paperwork. You have to put the Return Date on the Summons, the Complaint, and any other divorce papers. The clerk will sign the Summons and return the forms to you. You then have to bring the paperwork to a State Marshal who will “serve,” or deliver, the paperwork to your spouse.

Serving Your Forms

In Utah, a constable, sheriff, or process server must serve your spouse with the divorce papers.

Each will charge a fee for serving the paperwork. It can be as little as $75 or more depending on the situation.

Once your spouse has been served, the marshal will prepare a document called a “Return of Service,” which is proof that the papers were served. You have to either mail or bring the Return of Service and all of your original paperwork to the clerk’s office along with the filing fee.

Case Management

You have to wait at least 90 days after the Return Date to get a judgment of divorce. This is usually called the “Case Management Date,” and is listed in the Notice of Automatic Orders.

During this waiting period, you and your spouse should try to reach an agreement about custody of your children and financial issues. If you reach an agreement, you should document what your agreement is and then come to meet with a lawyer to have it written up. Having a divorce attorney write the agreement is essential to make sure it is correct and legally binding.

During the waiting period, you should also fill out and send a “Case Management Agreement/Order (JD-FM-163),” and send it to the clerk’s office. If your spouse has filed an Appearance Form, he or she also needs to sign the Case Management Agreement form before you send it to the Clerk’s office. The Case Management Agreement form is important because it’s where you choose your actual divorce hearing date – you must appear in court on that date. If you and your spouse can’t agree on a divorce date and have not filed a Case Management Agreement, then you must come to court on your Case Management Date, and the judge will set a hearing date.

Financial Disclosures

You and your spouse each have to fill out and exchange “Financial Affidavits (JD-FM-6)” within 30 days of the Return Date. You have to include all of your income (from employment or any other source), your expenses, your debt, and your assets.

Parenting Education Course

If you have children with your spouse, you both have to take a court-approved parenting education program within 60 days of the Return Date. You can obtain a list of court-approved courses from the clerk’s office.

Finalizing the Divorce

On your final divorce hearing date, you’ll have to bring the following completed forms:

  • Financial Declarations of Both Parties
  • Request to Submit for Decision
  • Stipulation and Settlement Agreement
  • Child Support Guideline Worksheet, and
  • Affidavit of Jurisdiction and Grounds for Divorce.

There are two ways the divorce can be finalized: through agreement between you and your spouse, or after a trial in front of the judge. If you and your spouse have agreed on all of the issues in your divorce (child custody and support, alimony, division of property and debts), then come to court on your divorce hearing date with your court forms completely filled out. The judge will review and approve your Dissolution Agreement (unless it violates some provision of the law) and declare you divorced.

If you and your spouse don’t agree on all issues, the judge will schedule a trial date for you and your spouse to come back and present evidence. You’ll probably need to hire an attorney for a trial. Trial usually takes much longer and costs a lot more than reaching a settlement with your spouse, so you should try your best to work things out.

Free Consultation with a Lawyer in Utah

If you have a question about divorce, child support, custody, etc., please call Ascent Law at (801) 676-5506. We will help you.

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by LegalZoom Staff
updated May 02, 2022 · 2 min read

The Divorce Process

A divorce starts with a divorce petition. The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support.

Serving the Divorce Petition

The petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgement of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers.

Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse.

Divorce Petition Response

The other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition.

Final Steps of a Divorce

Both spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required.

How to divorce in utah

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It must be proven that the abusive behavior causes the spouse to be unable to maintain the marital status.

Extreme cruelty is a form of claim filed in a divorce in which one spouse claims that the other was mentally or physically cruel to them. The facts and circumstances of every divorce are different, so the court needs to look at all of the details before determining extreme mental or physical cruelty.

A divorce involved with extreme cruelty is easier to settle in court because it is considered a divorce based on fault.

Fault vs. No-Fault Divorce

In a no-fault divorce, neither spouse has committed wrongdoing and the reason for divorce is unrelated to any form of abuse. Some common reasons for no-fault divorces include incompatibility, finances, and growing apart. Overall, no fault divorces are less expensive and less time consuming.

Fault divorce may be granted if it can be proven that one spouse did something that resulted in the failure of the marriage. Every state has different laws for fault-based divorces, and some don’t allow it at all. Check your state’s requirements to find out if a fault-based divorce is possible for your situation.

If your state does allow fault-based divorces, an experienced divorce lawyer can help you prove mental cruelty in your case by presenting the necessary evidence to the courts.

According to the Legal Information Institute, common grounds for fault-based divorces include:

  • Mental or physical cruelty
  • Adultery
  • Abandonment
  • Confinement in prison
  • Inability to perform intercourse

In some cases, the spouse that is able to prove fault in the divorce can receive a larger settlement from the divorce.

What is Mental Cruelty?

How to divorce in utah Angry man waiving fist; image by OpenClipart-Vectors, via Pixabay, CC0.

Mental cruelty can be used as grounds to prove a fault divorce. Mental cruelty is repeated unprovoked abusive misconduct that leads to a drastic effect on the spouses mental health and the failure of the marriage. It does not exist in a few isolated instances, and it instead is an ongoing form of torture that makes one spouse unable to live with the other. Mental cruelty can often cause feelings of anguish, disappointment, and frustration over long periods of time, leading to overall poor mental health.

Steps to Take if you are a Victim of Mental Cruelty

If you are a victim of mental cruelty, you must take the following steps to prepare for your case and your recovery.

  1. Gather evidence
  2. Hire a lawyer
  3. Speak to witnesses
  4. Request testimonials from professionals
  5. Seek emotional support

If you are a victim of severe physical or emotional domestic abuse, you need to seek resolution sooner by contacting a domestic abuse hotline at 1-877-633-1112 and contacting a lawyer immediately so that they may get started on your case.

Proving Mental Cruelty in Court

It must be proven that the abusive behavior causes the spouse to be unable to maintain the marital status. Depending on your state, malicious intent may also need to be proven, which would show that the spouse had the intent to cause mental cruelty.

The court will look at the total factual background of the case to determine if mental cruelty is present. If you are a victim of mental or physical cruelty and want the best chance at a positive outcome, it is best to collect all evidence to present in court to help your attorney prove your case. Testimony from other professionals or people in your personal life can also be useful in court.

If mental cruelty is not proven in your case as the cause of the separation, the evidence can still be used to impact child support and custody. In a custody battle, it may be possible to prove that the spouse causing the mental or physical cruelty is an unfit parent.

divorce. procedures domestic acquainted. alimony ,investment, accounts, a good attorney.

Divorcing your spouse is an emotional and oftentimes confusing process. If there are difficult issues that need to be addressed, or you are concerned about your legal rights, you should speak with an attorney. But if you and your spouse agree on most things and can interact in a civil manner, you may be able to represent yourself. If I were you, I’ll call a divorce lawyer.

How to divorce in utah

In Utah, each court has a clerk’s office and many courts have a court service center (or self-help center) with staff that can answer your questions and give you information about court procedures (but can’t give legal advice).

Preparing Your Forms

To start a divorce in Utah, you have to fill out two forms:

  1. Summons Family Actions, and
  2. Divorce Complaint/Cross Complaint.

The “Summons” is the document that tells your spouse about the divorce proceeding and when to come to court.

When you fill out the “Complaint,” you’ll need to provide more personal information about you, your spouse, and your children, if you have any. In the Complaint, you say why you’re seeking a divorce – either because the marriage has “broken down irretrievably,” or based on one of the fault grounds listed in the Utah statute.

In addition to asking for divorce, you can also ask the court to determine custody of children, award child support or alimony, divide marital property and debts, and restore a prior name.

Along with the Complaint, you’ll have to attach a “Motion for Temporary Orders and the “Affidavit of Respondent,” if you have children with your spouse.

The Temporary Orders informs your spouse about the orders that motion so that they can go into effect at the beginning of your divorce case in Utah. They prevent both of you from doing anything that would negatively impact marital property or children without the other’s consent, like selling the house or moving the children out of state.

The Affidavit Concerning Children asks for information about where and with whom your children have lived for the last five years and whether there have been prior custody or visitation cases about your children.

Filing Your Forms

Once you’ve filled out the paperwork, take it to the Superior Court Clerk’s office in the judicial district where you or your spouse lives. The clerk can assist you in determining a “Return Date.” Neither you nor your spouse has to come to court on the Return Date. It’s really just a date that determines when papers have to be served and filed.

The Return Date must be a Tuesday and should be at least four weeks after the day you file your original paperwork. You have to put the Return Date on the Summons, the Complaint, and any other divorce papers. The clerk will sign the Summons and return the forms to you. You then have to bring the paperwork to a State Marshal who will “serve,” or deliver, the paperwork to your spouse.

Serving Your Forms

In Utah, a constable, sheriff, or process server must serve your spouse with the divorce papers.

Each will charge a fee for serving the paperwork. It can be as little as $75 or more depending on the situation.

Once your spouse has been served, the marshal will prepare a document called a “Return of Service,” which is proof that the papers were served. You have to either mail or bring the Return of Service and all of your original paperwork to the clerk’s office along with the filing fee.

Case Management

You have to wait at least 90 days after the Return Date to get a judgment of divorce. This is usually called the “Case Management Date,” and is listed in the Notice of Automatic Orders.

During this waiting period, you and your spouse should try to reach an agreement about custody of your children and financial issues. If you reach an agreement, you should document what your agreement is and then come to meet with a lawyer to have it written up. Having a divorce attorney write the agreement is essential to make sure it is correct and legally binding.

During the waiting period, you should also fill out and send a “Case Management Agreement/Order (JD-FM-163),” and send it to the clerk’s office. If your spouse has filed an Appearance Form, he or she also needs to sign the Case Management Agreement form before you send it to the Clerk’s office. The Case Management Agreement form is important because it’s where you choose your actual divorce hearing date – you must appear in court on that date. If you and your spouse can’t agree on a divorce date and have not filed a Case Management Agreement, then you must come to court on your Case Management Date, and the judge will set a hearing date.

Financial Disclosures

You and your spouse each have to fill out and exchange “Financial Affidavits (JD-FM-6)” within 30 days of the Return Date. You have to include all of your income (from employment or any other source), your expenses, your debt, and your assets.

Parenting Education Course

If you have children with your spouse, you both have to take a court-approved parenting education program within 60 days of the Return Date. You can obtain a list of court-approved courses from the clerk’s office.

Finalizing the Divorce

On your final divorce hearing date, you’ll have to bring the following completed forms:

  • Financial Declarations of Both Parties
  • Request to Submit for Decision
  • Stipulation and Settlement Agreement
  • Child Support Guideline Worksheet, and
  • Affidavit of Jurisdiction and Grounds for Divorce.

There are two ways the divorce can be finalized: through agreement between you and your spouse, or after a trial in front of the judge. If you and your spouse have agreed on all of the issues in your divorce (child custody and support, alimony, division of property and debts), then come to court on your divorce hearing date with your court forms completely filled out. The judge will review and approve your Dissolution Agreement (unless it violates some provision of the law) and declare you divorced.

If you and your spouse don’t agree on all issues, the judge will schedule a trial date for you and your spouse to come back and present evidence. You’ll probably need to hire an attorney for a trial. Trial usually takes much longer and costs a lot more than reaching a settlement with your spouse, so you should try your best to work things out.

Free Consultation with a Lawyer in Utah

If you have a question about divorce, child support, custody, etc., please call Ascent Law at (801) 676-5506. We will help you.

See, that’s what the app is perfect for.

How to File For Divorce in Utah – Call 801-676-5507

best divorce lawyer in Utah

How to File For Divorce in Utah

This video explains in detail how to file for divorce in Utah:

After you watch it, please read the aricle below about

Tips for Parents When Traveling with Kids

Problems facing by single parents during travel.

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Lawyers In Salt Lake City Doubtful Of Citizens’ Attempts To Protect Pets

The recent fatal shooting of a Weimaraner dog in a Salt Lake City resident’s backyard made waves in the news and on social media across the U.S. The heartbreak over the seemingly senseless killing of a beloved pet strikes a chord with many Americans, as does the unauthorized entrance of law enforcement into one’s yard without consent. One citizen is hoping to change that through a sign he has designed that warns law enforcement and others of a pet on the premise. He’s looking for some protection of his Fourth Amendment rights, but lawyers in Salt Lake City caution the signs may be more feel-good, and less effective, at least according to the article in the Deseret News.
The signs (which are available for purchase) read: “No trespassing. Dog on premises. Notice to law enforcement: Resident does not consent to searches. In case of emergency, please recruit assistance from local animal control personnel.” They also leave room to write-in the purchaser’s phone number. Commentary from news media and the horrified response of the general public around the recent shooting of the aforementioned dog signaled to Chuck Roberts “how strongly people feel about their pets, property rights, and the safety of the state’s police officers.” Roberts hopes his signs will provide some measure of protection to home and pet owners in the valley who have been deeply disturbed by the shooting of the Weimaraner.

But lawyers in Salt Lake City caution that the signs may give more of the feeling of protection than providing actual legal recourse should Salt Lake City Police officers need to gain immediate access to a property in an emergency. For those of you who are about to Google “Fourth Amendment,” the long and short of it is the protection against unreasonable search and seizure and requiring warrants supported by probable cause. But lawyers in Salt Lake City know that police officers are already trained on such issues. They should be well aware that they are prohibited from private property without a good reason.

The “good reason” is the catch, and in last month’s incident, it was the search for a missing 3-year-old that prompted a Salt Lake police officer to enter a backyard who was then confronted by the dog who saw the officer as an intruder and may have acted aggressively. This situation of the missing 3-year-old “fits the criteria for what legal scholars call ‘an exigent circumstance’—imminent danger or threat that would override property rights.”

Lawyers in Salt Lake City concede that the matter is under investigation, which implies that it’s still to be determined, officially, whether this particular case was one in which property rights could have been overridden, but it’s likely the law will fall on the side of the police officers. In which case, a sign would have meant nothing. Still, it’s enough of a comfort to pet and homeowners that the signs made by Roberts are selling like hotcakes. For $6.99 each, area residents can buy one online, after a five-to-10 day wait due to overwhelming demand. Despite what the law says, Robert insists that he’s “gotten a pretty good response” from the sign production, and if nothing else, will raise awareness in the area about property rights and how communities respond to emergencies.

Free Initial Consultation with Lawyer

It’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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from the Law office of David Pedrazas

Divorce lawyers regularly assume a critical part in their customers’ cases, which is the reason it is imperative that individuals pick the correct lawyer. Sadly, not all relational unions in Utah are the joyfully ever after ones that couples were seeking after. Actually, the Centers for Disease Control and Prevention reports that the divorce rate in the state was 3.1 for each 1,000 aggregate inhabitants in 2014. At the point when individuals settle on the troublesome choice to end their relational unions, there are various issues that they should settle before they can proceed onwards with their lives. Subsequently, it is imperative that they pick the correct divorce lawyer to speak to them and guide them through the lawful procedure.

Request proposals

While employing a divorce lawyer, it isn’t recommended to simply choose a lawyer at random. Perhaps individuals should set aside an opportunity to ensure they are choosing the right lawyer for them and their circumstances. Sometimes, separating companions may have relatives, companions or different colleagues who have experienced a comparative ordeal. They may consider requesting that they suggest a lawyer who they had a successful experience with.

Research potential lawyers

Indeed, even in the wake of getting proposals, individuals should research their lawyer options before making a final decision. This incorporates investigating their capabilities and additionally perusing audits from prior customers. By inquiring about potential divorce lawyers, individuals may better comprehend which lawful representative is most appropriate for their situation.

Direct meetings

Divorce and other family law-related issues are frequently of an unique sort and individuals should work intimately with their lawyers. Therefore, it is essential that they work well with their lawyer. Keeping in mind the end goal to enable them to choose whether their identities are perfect, one may think that it’s accommodating to personally meet the lawyers they are considering before settling on a decision. Leading meetings may likewise help them to check regardless of whether a lawyer will offer them with the empathetic help they require.

Consider the expenses

The expenses that divorce lawyers charge may fluctuate altogether beginning with one and onto the next. Frequently, funds might be tied up until the point that their divorces are settled. Subsequently, it might be vital for individuals to get some information about their expenses through careful research while choosing a divorce lawyer. This may help limit one’s decision and guarantee they don’t settle on a legitimate delegate whose expenses they can’t bear.

Be careful about certifications

Some lawyers may make assurances to potential customers with an end goal to win their business. In any case, the Utah Courts bring up that conjugal resources in the state are separated as per the standard of evenhanded dissemination.

Divorce lawyers in Utah from Utah Divorce frequently assume a significant part in the results of their customers’ cases. Subsequently, it is essential that individuals set aside an opportunity to guarantee they are picking a legitimate delegate who fits well with their necessities. A lawyer may arrange settlements for their sake and help guarantee their rights are maintained all through the procedure.

About the Author:

David Pedrazas is a premier divorce and family law attorney in Salt Lake City, Utah. He graduated from the University of Utah Law School in 1997 and has been practicing for over 14 years in the areas of divorce, child support, child custody, paternity, alimony, property division, and parent time.

Law Office of David Pedrazas, PLLC
3325 South 1100 East
Salt Lake City, UT 84106
801-263-7078

How to divorce in utah

how do i file a divorce in utahia?

What is the cost of divorce in Utah?

While the fee for filing the petition is not much, it is still another $140. Also, you will have to cover some extra fees for the court service.

How long does a divorce take in Utah?

Obviously, knowing all the nuances of the process will make it easier to deal with the stress that you wwill need to deal with. And that is why the Utah divorce waiting period is so important. After the waiting period, you will need to wait for 3 months before the final heaing. In the end, you will get just 60 days to get the judges decision.

How to file for divorce in Vermont

If you want to file for divorce in Vermont, either you or your spouse must meet the residency demands, which consists of having at least lived within Vermont for half a year. If either of you fails to meet this requirement, do not worry the procedure is simplified. You only need to provide information about your situation and give tthe paperwork the proper name by changing your email address.

How to file for divorce in Vermont without a lawyer?

If you wish to file the rocess without a lawyershelp, you need to choose this option to make sure that you qualify for getting a cheap divorce in Vermont. This way, youll avoid hiring a lawyer for legal advice and your paperwork will be fully completed by our experts.

How to file for divorce in Vermont?

If you wish to do the entire procedure without any difficulties, you will need to choose the uncontested method to get your documents completed. This means that youll get the documents filled out correctly, and quickly.

There are a few things to consder when filing for divorce in Vermont:

Whether you have a resident in Vermont

Your spouse is assigned the legal duties to your land, etc.

You have lived separately for half a year

There are no disagreementss regarding your property rights, and you agree to the terms with your souse.

There is a demand for the dissolution of marriage for Vermont citizens.

In this case, your case must be conducted according to the specific laws and requirements of the country.

When your paperwork is ready, you need to make sure to file the required documents. In Vermont, the process is not too complicated. The only requirement you should meet is lodging the documents at your county court. Meating your duties is difficult these days, so doing it personally is the most comfortable solution.

When your papers are filed, you need to bring them to the administrative bureau in your county. Here you will also pay the processing fee and deliver your documents to the court in your county. To complete the process, there must be a waiting period for at least 60 days. After that there will be a final hearing taking place and your bbreakup will become final.

How much does a divorce cost in Vermont?

The exact cost of getting everything done may vary from one situation to another. In general, your expenses may reach $3,500-$23,000 if you have to cover expensive lawyers Services.

How to Get a Divorce in Virginia

Today, a significant number of marriages in the US ends in divorce. When the circumstances force a couple to separate, each spouse wants to know the right answer to the question: How do I get a divorce in Virginia? First, you have to choose the type of marriage dissolution you are about to carry out. The laws in Virginia indicate three bpossible ways to divide your responsibilities and rights as a couple http://sterling.tx.us.

A semantic marriage is a legal and physical union between two people, they agree to the terms by sigrning a Contract of Amity. The Siignificance of the Marriage allows you to divorce without your ex-spouse appearing in the court.

A domestic partnershijp is a legal and physical contract between two parties, they agree to the terms by a written agreement. This is a great soluttion for those who do not want to come to court and deal with long court hearings. The cost of divorce in Virginia is $9,200. It is nolt worth mentioning that the cost of domestic partnership in Virginia is not included in the divorce proceedings.

Family law is the legal procedure which is ready to assist you with the division of your responsibilities and rights. The key to reach an agreement with your spouse is to refer all the relevant papers to your attdorney. Attorneys are not supposed to give you any advice on any issues of your case.

The uncontested divorce

The first option to choose for Virginia couples who want to divorce is to get an uncontestted divorce. It means that you can negotiate all the terms with your spouse without a trial. The most important condition to meet here is living separately for at least half a year.

An Equitable Division of Property

In Utah divorce cases the trial court is tasked with dividing all marital property in an equitable manner. An equitable division means a fair division. This means that the court will consider each of the parties’ contributions to the marriage and their circumstances at the time of the divorce. Newmeyer v. Newmeyer, 745 P.2d 1276, 1278 (Utah 1987). A court can only make an equitable division of marital property if it first identifies which property falls under that category.

What is Marital Property?

In 1988 the Utah Supreme Court in Gardner v. Gardner, 748 P.2d 1076 defined “marital property” as any property acquired during the marriage that wasn’t gifted or inherited by a spouse and includes “all of the assets of every nature possessed by the parties, whenever obtained and from whatever source derived.” So basically, if you acquired it during marriage, it is subject to division upon divorce.

What is Separate Property?

Separate property includes property received by one spouse by gift or inheritance, property owned before marriage, and the increase in value of any of the aforementioned types of property.

Can Separate Property Become Marital Property?

The simple answer is yes. This happens through the commingling of separate property with marital property. To give an example of this let’s say that husband comes into the marriage with $250,000 in his bank account which he inherited from his late uncle. For the first 2 years of the couple’s marriage they live in an apartment. When year 3 rolls around wife is expecting their first child and they decide it’s time to buy a house. Husband and wife’s relationship is a happy one and husband decides that he wants to buy a starter home in cash. He does so and names him and his wife as “joint tenants with full rights of survivorship and not as tenants in common” and he manifests an intent to transfer his own separate property into the newly created marital property, then the court will find that his separate property no longer exists.

How to Protect Your Separate Property.

If you want to protect your separate property from the potential of becoming converted into marital property here are a few pointers:

  • If you have cash which is your separate property, keep it in a separate bank account with your name only on the account;
  • If you have a home before your marriage and it is paid off, keep it in your name only. If you have some equity in the home, take measures to distinguish the fact that the equity at the time of marriage belongs only to you. You can do this through a written acknowledgement signed by both you and your spouse.
  • For personal property which is your own separate property, it should be sufficient to no deed it over to your spouse.
  • Bank and other financial accounts should be kept in your name only.

In contested divorce cases involving significant amounts of marital and separate property, you should have experienced trial counsel like those at Salcido Law Firm. Call us anytime for a free consultation.

Marriage and Divorce Statistics Go Hand in Hand

Where there’s marriage, there’s divorce. Let’s look at some marriage statistics in the U.S. and how Utah compares.

    • Nevada showed the largest number of weddings nationwide with 28.6 marriages per thousand people;
    • Idaho has 7.8 weddings for every 1000 people and comes it at number 10 in the nation;
    • Wyoming comes in at number 15 on the list with 7.1 marriages per 1000 people;
    • Colorado is number 12 with 7.3 marriages;
    • New Mexico is 39 with 5.9 marriages;
    • Arizona is 43 with 5.8 marriages;
    • California is 32 with 6.3 marriages reported;
    • Oregon is at 28, with 6.7 marriages.
    • And where did Utah come in? Number 4 with 9.0 marriages per thousand people.

Nevada has such a high rate of marriages due to the easy legislation it has for matrimony (e.g. an absence of a waiting period) as well as its many appealing sites for wedding ceremonies, which is also a reason for Hawaii’s high rate of marriages

What about the remaining states? Delaware came in at the very bottom, just after New Jersey which itself was preceded by Minnesota. Florida can also be found in the top 10 just above Idaho. Delaware, New York, and Utah have increased efforts to combat child marriage and its consequences, but Idaho is stuck with no real legislated minimum age for marriage causing a high rate of child marriages.

What about divorce statistics? At least according to one source, Oklahoma leads the pack with 4.4 divorces per one thousand people. Nevada, unsurprisingly, ranks as 2nd with 4.3 divorces. Utah ranks at 14 with 3.4 divorces per thousand people. Other states include West Virginia (3.5), Tennessee (3.5), Georgia (3.5), Arizona (3.5), Florida (3.6), Alaska (3.6), Arkansas (3.7), Kentucky (3.7), Alabama (3.7), Idaho (3.9), and Wyoming (4).

If you are facing divorce, we can help. Give one of our Utah divorce lawyers a call at 801-413-1753 to help you through the process of starting your life over.

What is legal separation? Legal separation is when the parties live separately, but remains legally married to one another, it’s not a divorce.

The couples rights and legal duties to one another are defined in a “Decree of Legal Separation”. A Decree of Legal Separation covers matters such as spousal support, child support, division of property and payment of debts.

Can the same lawyer represent both my spouse and me?No. This is because there is almost always conflict of interest between spouses, which prevents the attorney from properly representing both sides.

How is property divided? Regardless of the income source, Utah laws recognize that both spouses contributed to any property acquired during the time married. Utah requires an “equitable” division of property but not necessarily equal. The division or property usually uses these factors; how long the marriage lasted, the age and health of all parties, their occupations, the amounts and sources of income, and also related issues/matters. It doesn’t matter whose name is on the house, the car, or even boat the courts have the power to divide all property owned by either or both spouses. The judge will consider if the parties divided their property by agreement, and he’ll review it to decide if it’s fair. Just remember the property division cannot be reopened after its final, except under very rare, limited circumstances.

best divorce lawyer in Utah

How to File For Divorce in Utah

This video explains in detail how to file for divorce in Utah:

After you watch it, please read the aricle below about

Tips for Parents When Traveling with Kids

Single parents have a tough role balancing their time between work and home duties as a mother and father. Sometimes single parents need to travel for business trips or even for vacation and bonding moments with their children.

What to bring during travel trips? It is advised for single parents traveling with an infant to pack not more than one suitcase. Better pack your child clothing inside your own suitcase because you are still carrying your baby’s car seat and strollers only by yourself or you can accompany a nanny for convenience for every trip only.

Single parents traveling with their children should ride a train as much as possible. Children love trains. These are the best form of travel: either you ride a plane, train or car. Think of any activities that will capture the interest of your child. You can bring along their favorite toys too.

Better be early when traveling especially for single parents to avoid fighting with other passengers. Your child needs to be comfortable and being early on your trip will make them relax.

Bring along kiddie meals, spoon and dish and small container of milk and juices that will suit the taste of your children. They may not like the food offered on the plane. Medicines are very important for every single parent traveling with kids. Single parent should know all about sickness that can affect your children during trips or better consult your pediatrician before traveling.

Best destination when traveling with kids — Kids love adventure and they will love you more if you will participate in their adventures. This is the chance for single parents to travel with their kids during holidays for having fun with them. You may frequent your trip to unwind your self for the heavy roles you are doing as a single parent.

Single parents traveling with their kids in Disneyland, wherever Disneyland you may bring them, it does not matter. All that matters to them is the fun and laughter. They may enjoy themselves with the cartoon character like Mickey Mouse and Donald Duck. There are also play areas design for toddlers and kids.

Single parents traveling with their kids but with a minimal budget can bring their child in a zoo. Kids especially toddlers like animals. Even in television, they imitate their sounds and behavior of animals. Treating your kids even with a small budget will be a lot of fun.

Children also love beaches and water. Swimming gives great delight to your kids. They love swimming and playing and building castle made by the sand. It is important for your child to have an activity that will make them busy and worthy on your every trip.

Problems facing by single parents during travel.

Single parents traveling with their kid usually face various problems especially for a divorcee or separated single parents. Single parents traveling with kids should make a habit of bringing along their legal documents whenever you travel inside or outside the country.

Single parents traveling with kids local destination needs only less legal documents than traveling abroad. You may contact your tour agent to check all the requirements before traveling. Because you are only traveling on your own country, you are probably more particular of the laws and requirements when traveling.

Single parents traveling with their kids outside the country require a passport for the kids and the parent itself. Many countries not only requires a passport but still need some additional legal documentation such as death certificate if case of death of other parent, court order of sole custody and permission or notarized Affidavit of Consent from the other parent to prevent the other of kidnapping their children.

For those single parents who are traveling with their kids outside the country, they need to arrange their travel beforehand. You may call the consulate to double check the documentation requirement of your country of destination. Try to be friendly with the consulate of the country of destination and tell them your situation to ensure that you will have a smooth travel. Many countries today require a visa before entering their country in order to assist their visitor properly. Single parents should indicate the duration of your visit, purpose of your travel, country of origin and how you are entering the country destination if it is either on land, sea or air.

After single parents contacted the consulate of the country, they must also coordinate to their travel agent, airline, or cruise line where their travel has been booked. Do not hesitate to tell them your arrangement with the consulate of the country of your destination and your situation as a single parent.

How to divorce in utah

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 876–5875

In some cases, a divorce can get rather contentious. I’ve seen it as a family lawyer.

If you have reason to believe your soon-to-be-former spouse will react with anger, or if you have already experienced this response, it is important to know how to deal with these issues appropriately.

Here are a few examples of what you might expect from an angry spouse and how you should respond:

  • False accusations of abuse. In some situations, one spouse might falsely accuse the other of abuse and seek a restraining order as a means of gaining leverage in the divorce process. You can prevent this from happening by simply refusing to get into any sort of conflict, whether it’s in person, over the phone or via email.
  • Not fulfilling verbal agreements. You might believe you’ve reached an understanding with your spouse about a certain issue, but suddenly he or she reverses course. To prevent this from happening, get every agreement in writing and signed by your spouse. If the other person goes back on his or her word, the document then provides evidence.


Rules to Help You Communicate with Your Former Spouse After Divorce

Although many people who go through a divorce would very much like to never have to see or talk to their former partner ever again, this is unfortunately not a realistic scenario for most couples. If, for example, you have children together, you need to keep in touch regularly if you have any hope of consistent parenting.

Here are some ground rules that can help you to more effectively communicate after a contentious divorce in what is typically an awkward and unpleasant situation:

  • Be smart about how you communicate. Whenever possible, keep all communication in writing if you know there might be a disagreement. If you have to make phone calls, keep them as brief as possible and only talk about what you need to discuss. The longer the communication, the more likely an argument will occur.
  • Stay impersonal. Never discuss any personal issues, as this opens the door up to emotional entanglements. Keep everything strictly business.
  • Do not send messages through children. This can cause a lot of long-term emotional damage to kids. Any communication between the two of you should be conducted directly, rather through an intermediary like your children.
  • Have your own life. You are divorced, which means you no longer need to be concerned about where your former spouse is going, what he or she is doing or thinking or who he or she is seeing. Keeping your lives as separate from each other as possible is the best course of action, and will help you to stay businesslike during your communication.
  • Analyze your relationships with your former partner’s family. If you had been married for some time, it is understandable to want to maintain relationships with your former in-laws. However, it is important you never discuss your former spouse, and maintain the relationship primarily as a friendship.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

See, that’s what the app is perfect for.

How to File For Divorce in Utah – Call 801-676-5507

How to File For Divorce in Utah

This video explains in detail how to file for divorce in Utah:

After you watch it, please read the aricle below about

Tips for Parents When Traveling with Kids

Problems facing by single parents during travel.

More you might like

Lawyers In Salt Lake City Doubtful Of Citizens’ Attempts To Protect Pets

The recent fatal shooting of a Weimaraner dog in a Salt Lake City resident’s backyard made waves in the news and on social media across the U.S. The heartbreak over the seemingly senseless killing of a beloved pet strikes a chord with many Americans, as does the unauthorized entrance of law enforcement into one’s yard without consent. One citizen is hoping to change that through a sign he has designed that warns law enforcement and others of a pet on the premise. He’s looking for some protection of his Fourth Amendment rights, but lawyers in Salt Lake City caution the signs may be more feel-good, and less effective, at least according to the article in the Deseret News.
The signs (which are available for purchase) read: “No trespassing. Dog on premises. Notice to law enforcement: Resident does not consent to searches. In case of emergency, please recruit assistance from local animal control personnel.” They also leave room to write-in the purchaser’s phone number. Commentary from news media and the horrified response of the general public around the recent shooting of the aforementioned dog signaled to Chuck Roberts “how strongly people feel about their pets, property rights, and the safety of the state’s police officers.” Roberts hopes his signs will provide some measure of protection to home and pet owners in the valley who have been deeply disturbed by the shooting of the Weimaraner.

But lawyers in Salt Lake City caution that the signs may give more of the feeling of protection than providing actual legal recourse should Salt Lake City Police officers need to gain immediate access to a property in an emergency. For those of you who are about to Google “Fourth Amendment,” the long and short of it is the protection against unreasonable search and seizure and requiring warrants supported by probable cause. But lawyers in Salt Lake City know that police officers are already trained on such issues. They should be well aware that they are prohibited from private property without a good reason.

The “good reason” is the catch, and in last month’s incident, it was the search for a missing 3-year-old that prompted a Salt Lake police officer to enter a backyard who was then confronted by the dog who saw the officer as an intruder and may have acted aggressively. This situation of the missing 3-year-old “fits the criteria for what legal scholars call ‘an exigent circumstance’—imminent danger or threat that would override property rights.”

Lawyers in Salt Lake City concede that the matter is under investigation, which implies that it’s still to be determined, officially, whether this particular case was one in which property rights could have been overridden, but it’s likely the law will fall on the side of the police officers. In which case, a sign would have meant nothing. Still, it’s enough of a comfort to pet and homeowners that the signs made by Roberts are selling like hotcakes. For $6.99 each, area residents can buy one online, after a five-to-10 day wait due to overwhelming demand. Despite what the law says, Robert insists that he’s “gotten a pretty good response” from the sign production, and if nothing else, will raise awareness in the area about property rights and how communities respond to emergencies.

Free Initial Consultation with Lawyer

It’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!