Divorce in Utah can be uncontested or contested. An uncontested divorce happens when the two spouses agree on the matter, resulting in quicker resolutions. There are documents that the couple must prepare, but they can have their divorce attorney prepare them on their behalf. Also, divorcing couples should seek legal advice to make smarter and more informed decisions. More forms may need to be prepared in cases that involve child support. If a couple has children, each party must take two classes regarding divorce.
In a contested divorce, a spouse files a divorce petition, along with other documents. The other spouse should respond to the petition with an answer if they dispute the divorce terms as the petition states. When disputes arise, mediation is mandatory, which helps the couple avoid expensive court battles.
Divorce Options in Utah
In Utah, spouses can choose to file either fault or no-fault divorce. For fault divorce, a spouse must prove the other spouse’s wrongdoing like domestic violence, substance abuse, abandonment, or infidelity. Although some people choose to file for a fault-based divorce, judges usually grant non-fault divorcees. But fault can play a major role in alimony cases.
Meanwhile, non-fault divorce lets couples file for divorce without proving fault. Their main ground is irreconcilable differences. A no-fault divorce is a faster process and involves lower legal fees. A couple does not have to air private matters or engage in public blaming.
Divorce Petition in Utah
To start the divorce process, a spouse files a divorce petition with the court. The document conveys their position on vital matters like child custody, child support, alimony, and asset division to the court and the other spouse. The petitioner must make sure the document is properly served to the non-filing spouse. Often, concerns about the complexity and expenses of the divorce process may influence a spouse’s decision-making. But a divorce attorney can give them the enlightenment they need.
Divorce cost tends to vary. The majority of lawyers bill hourly. How long a divorce can be concluded depends on factors such as the kind of divorce, the complexity of the proceeding, the assets involved, whether children are involved, and others. Typically, an uncontested divorce spans around three months. A contested divorce can take nine to twelve months. Sometimes, it can be longer if complex marital assets are involved. Because divorce is a legal matter, divorcing spouses should consider having an attorney by their side. A great attorney will help them achieve their desired outcome.