Divorce Law in Provo, UT
Are you facing the challenging decision of ending your marriage in Provo?
The process of divorce can be a substantial legal and emotional challenge. Nonetheless, you can find confidence by hiring a local attorney.
This article presents valuable information about divorce to get you started. Discover the insights you need as we delve into the details below.
Issues Involved in Provo, Utah Divorce Law
The divorce process involves numerous complex matters that require resolution. These issues often evoke intense emotions from either party, leading to a state of unpredictability.
Dividing Property
Dividing property, debts, and assets is often one of the most difficult aspects of the divorce legal process. In states like Utah, anything acquired by you and your spouse is subject to division.
Some states opt for an equal division of marital property. Meanwhile, others follow an equitable distribution approach. In the latter case, the judge evaluates each spouse’s contribution to the marriage to determine the division. As a result, the end result may not be a 50/50 split of your belongings and liabilities.
Child Support
Both parents bear the responsibility of financially supporting their children. A child support guideline is in place to assign the appropriate contribution from each parent. These payments cover essential expenses like healthcare, food, clothing, and other basic necessities.
Child support payments in Utah are the result of using the Income Shares Model. The guidelines consider the following factors about parents from Provo:
- The number of children
- Each parent’s income
- Medical expenses
- Childcare costs
- The amount of parenting time
Alimony
The amount and duration of alimony can differ significantly depending on the circumstances. Several factors merit consideration in a Provo, UT court:
- Level of education
- Earning ability
- Ability to pay spousal support
- How long the marriage lasted
- Health and age of both parties
- Parenting responsibilities
- Individual assets, inheritances, or investments
There are two main types of alimony in Utah: temporary and permanent.
The latter supports a lower-earning spouse until they reach a final settlement. However, permanent spousal support provides ongoing financial assistance to someone who cannot make a living alone.
Child Custody and Visitation
Child custody is often the most emotionally charged matter in a divorce involving children. It is crucial to remember that the court’s decisions serve the child’s best interests. Keeping this principle in mind can assist in navigating the more challenging aspects.
Utah law defines the best interests of a child by several factors that ensure their well-being. Generally, they revolve around the ability of each parent in Provo to provide love and support. But the court system can also take the child’s preferences into account.
Courts in Provo, Utah usually grant joint legal custody when possible. This order gives the parents equal authority to make decisions. However, legal custody is separate from physical custody or visitation. It also doesn’t necessarily mean an equal amount of time with your children.
The Process of Going Through Divorce Law in Provo, Utah
Are you considering the possibility of divorcing your partner? If that’s the case, it’s crucial to familiarize yourself with the essential procedures.
Step 1: File the Divorce Law Petition
A divorce starts when a spouse petitions the court system to dissolve the marriage. This document should include the following:
- Statutory information required by state law
- A statement that confirms you meet the residency requirement
- The grounds for divorce
Currently, the majority of states have the option to file for a no-fault divorce. This legal doctrine says you do not need to provide a legal reason.
Utah is a no-fault divorce state. A spouse in Provo can simply state that there are irreconcilable differences.
Step 2: Request Temporary Orders
Your divorce in Provo may take months to resolve. However, there are temporary orders you can request in the meanwhile. You should request these as soon as possible to avoid living without certain necessities:
- Restraining orders
- Child support
- Child custody arrangements
- Alimony
- Status quo orders
Step 3: Serve Your Spouse and Wait for Their Response
If you are the party initiating the divorce, it is necessary to ensure that your spouse receives the divorce papers. After serving the papers, you must file a proof of service with the court. If your spouse accepts the service, they will need to complete an affidavit to acknowledge it.
You may need to engage a process server or enlist the help of law enforcement. Once served, it becomes their responsibility to provide documentation of the proof of service.
Step 4: Try To Come to an Agreement
The ideal result for individuals undergoing this process is to achieve an uncontested divorce. This conclusion involves a mutual agreement between both spouses regarding all matters. This divorce can happen through direct communication between the partners. In other cases, a mediator can help.
Nonetheless, an uncontested divorce not only saves both parties money. It also minimizes the level of hostility typically associated with the process.
Step 5: Go To Court
If you cannot find a resolution, the case will proceed before a judge in the Provo, UT. Having a judge make decisions can offer certain advantages. But it can also be disadvantageous since the parties have little to no control over the final agreement.
Divorce cases in Provo usually go to the Fourth Judicial District Court. This judiciary has a Family Division for divorce, child custody, and other family-related issues.
Step 6: Receive the Judgment of Divorce
A divorce trial concludes with the official issuance of the judgment. This order from the judge terminates the marriage. It also outlines specific provisions about the division of property and other pertinent matters.
Work With an Experienced Provo, Utah Divorce Law Attorney
Are you still dealing with the shock of having to handle a divorce? Then hire a skilled divorce lawyer in Provo. They will protect your rights and interests and fight for an equitable outcome.
We can even help you connect with an attorney across Utah state lines.
Submit a request online or call us today at (866) 345-6784 to get started!
