The moment you realize that your marriage is over can be a hard-hitting one. There is no denying that this is an emotional time, but what you must also realize is the legal nature of the process. Getting divorced requires significant work, and this is not something you want to do alone, especially if you are not an attorney. Before you look for a Salt Lake City divorce attorney, here are some things to know about the process in Utah.
Types of divorces in Utah
Like most states, Utah allows for both fault-based and no-fault divorces. A divorce could also be a default one, contested or uncontested. If you and your spouse agree on everything related to the divorce, you wouldn’t have to rely on the court to pass judgment on critical issues. It would be a simple, uncontested divorce. If one partner chooses not to cooperate or cannot be contacted, the other spouse can get a default divorce.
How to get started?
- The first step is to meet an attorney. There are many law firms in Salt Lake City that can handle matters like divorces, child custody battles, and so on, and you can rely on the experts to give you appropriate advice. Lawyers will consider all relevant and unique aspects of your case and offer the legal options you can consider.
- Your lawyer will also check if you qualify to file for divorce in Utah. You must be a resident of the county where you are filing the papers for at least three months.
- There are fault-based grounds for a divorce in Utah, which include impotence, adultery, willful desertion, neglect, alcohol abuse, and felony conviction. You could also ask for a divorce because your spouse has committed domestic violence or cruelty. The standard no-fault ground for Utah divorces is irreconcilable differences, and it doesn’t require one spouse to blame the other.
- Once your lawyer gets the paper ready, you can file the divorce petition, which must be served to your spouse. This must be done within 120 days of filing, and the other party has 21 days to answer. If your spouse lives outside of Utah, they have 30 days. If there is no response, you can get a default divorce.
If yours is a contested divorce, mediation is mandatory, although one party may ask to waive that part. To learn more, talk to your family lawyer today.
