Divorce in Utah: Navigating the Legal Process with Ease
Divorce can be a difficult and emotional process, but with Lone Peak Legal, you can count on the support and representation you deserve. If you are considering getting a divorce in Utah, you may be looking for a greater understanding of the laws and procedures involved. After all, knowing what lies ahead will be of great benefit to you as you undertake this journey.
To begin, we'd like to give you an overview of the process for divorce in Utah, including the steps involved, the legal requirements, and the resources available.
Understanding Utah's Divorce Laws
Utah law requires that a divorce be filed in the state where either spouse has lived for at least three months prior to filing. In Utah, the technical term for divorce is "dissolution of marriage" and there are two types of divorce in Utah: a contested divorce and an uncontested divorce.
In an uncontested divorce, both parties agree on all aspects of the divorce. Because the process is much quicker and less complex, this type of divorce is typically less expensive than a contested divorce.
In a contested divorce, the couple is unable to agree on one or more aspects of the divorce, like property division, alimony, or child custody. Generally, mediation will help resolve most, if not all, issues, and the case won’t need to go to court. If no resolution can be found, then the judge will make the final decisions, based upon the evidence presented.
The Divorce Process in Utah
At Lone Peak Law, we believe that it is possible to achieve positive and lasting outcomes in divorce and custody cases, even in the most challenging of circumstances. Whether you are facing a contested divorce or a complex custody dispute, we are here to help.
No matter the complexity of your divorce or your financial situation, you can trust Lone Peak Law to represent you in the following areas:
Filling the Petition for Dissolution of Marriage
The first step in the divorce process is to file a petition for dissolution of marriage with the court. In this document, we will specify the grounds for the divorce as well as state our desired outcome, such as property division and child custody.
Service of Process
Then, by mail or in person, the next step is to serve the petition to your spouse.
Response to the Petition
Your spouse will have 21 days to respond to the petition. He or she has the option to agree with the terms outlined in the petition or contest the divorce.
If your spouse decides to contest the divorce, you will both have the opportunity to gather information and evidence to make your case through a process called discovery. Discovery may include depositions, document production, and interrogatories.
If the divorce is contested, we will support you as you try to reach an agreement on the contested issues. This is often done through mediation, settlement negotiations, or a combination of both.
If we are unsuccessful in reaching an agreement with your spouse, a trial will be held. The judge will review all of the information and ultimately make a final decision on the contested issues.
Final Decree of Dissolution
Once the judge has made a decision, a final decree of dissolution – the terms of the divorce – will be entered. In this document we will find determinations around things like property division and child custody.
When there are significant disputes that cannot be resolved through negotiation or mediation, divorce litigation may be necessary. This may be due to issues around:
Property and Other Asset Division
Retirement and Investments
One person not being truthful or hiding assets
Abusive or threatening behaviors
Refusal by one person to participate in the divorce process
Unwillingness to negotiate
In short, while divorce litigation is often more expensive and time-consuming than other options such as mediation, it may be necessary in certain circumstances to protect your rights and interests. We can work with you as we consider all of your options and expertly guide you in the best course of action for your specific situation.
If you are considering a divorce, it is important to seek the help of experienced and compassionate legal representation. At Lone Peak Law, we are committed to providing the best possible service and will work tirelessly to make sure that your rights and interests are protected every step of the way. Contact us and learn more about how we can help you achieve a positive and lasting outcome in your divorce or custody case.