Divorce Law in Salt Lake City, UT

Divorce Law refers to the legal termination of a marriage and often involves working through several complicated issues.

Are you facing a costly divorce in Salt Lake City, Utah? Does your estranged spouse have an attorney? Usually, couples going through a divorce are unable to compromise on most items and reach an agreement on their own. Thus, many couples go through mediation or the court system to resolve their case.

Issues Involved in Salt Lake City, Utah Divorce Law

There are many complicated issues that you need to settle during the divorce process. Many of these elicit strong emotions from one party or the other, resulting in volatility.

Dividing Property

One of the most challenging issues in the divorce law process is dividing property, debts and assets. In many states, like Utah, anything you and your spouse purchased over your marriage is subject to division. This includes things such as real estate, bank accounts, cars, stocks, etc. Some states split marital property evenly, while others go along an equitable split. In the latter, the judge weighs the contribution each spouse made to the marriage and uses that information to decide the disposition property, which may not equate to a perfect 50/50 division of your property, debt, and other assets..

Child Support

Both parents are responsible for paying for the care of their children. There is a child support guideline that helps determine how much each parent should contribute based on their income and the amount of time they spend with the children. Child support pays for things such as healthcare, food, clothing and other basic needs.

Under Utah law, child support in Salt Lake City is calculated using the combined income of both parents. Each parent is responsible for a percentage of the total support. If you do not pay your child support, the Utah Office of Recovery Services can garnish your wages or levy your bank accounts. In addition, you could be found in contempt of court and face possible jail time.

Alimony

Alimony, or spousal support, can vary dramatically depending on the marriage, and Salt Lake City, UT divorce law court looks at multiple factors when determining the amount and length of alimony, including:

A spouse’s need and the other spouse’s ability to pay
The age and health of each spouse
The length of the marriage
Each spouse’s earning capacity and level of education
The division of property
Parental responsibility of the children
Sole investments and assets of either spouse

Utah legislation allows Salt Lake City courts to award alimony for a period equal to the length of the marriage. The judge will consider the relative finances of both parties and the earning potential of the supported spouse. Salt Lake City judges can also consider any infidelity or abuse when making alimony decisions.

Child Custody and Visitation

Child custody is perhaps the most emotional issue during a divorce that involves children. The most important thing to keep in mind is that the court bases all decisions on what is in the best interest of the child. Keeping this in mind may help navigate the rough waters of custody.

Under Utah statute, a Salt Lake City court can consider any relevant factors when making a custody decision. The statute does provide guidance, however, listing several potential factors, including:

Any abuse or neglect

Each parent’s ability to meet the physical and emotional needs of the child

The emotional stability, religious compatibility, and moral character of each parent

The preference of the child

The court must begin with a rebuttable presumption that joint custody is in the best interest of the child.

Generally, Salt Lake City, Utah courts award joint legal custody giving both parents the legal right to make decisions for the children, such as education, medical care and religious practices. Legal custody has nothing to do with physical custody or visitation. Joint custody does not mean both parents split time with the child evenly, just as Sole legal custody does not bar the non-custodial parent from visiting the child.

The Process of Going Through Divorce Law in Salt Lake City, Utah

Are you leaning towards getting a divorce from your partner? If so, it is important to understand the necessary steps of the divorce law process.

Step 1: File the Divorce Law Petition

The divorce law process begins when one spouse files a legal petition to terminate the marriage. The petition must include:

A legal reason for divorce (grounds for divorce)
A statement that shows at least one spouse meets the state’s residency requirements for divorce
Other statutory information your state requires

Most states offer the option for filing a no-fault divorce, which does not require a legal reason for the divorce.

No-fault divorces are permitted in Salt Lake City, by two methods. The most common is for the couple to state that there are irreconcilable differences. Alternatively, being separated for at least 3 years is also sufficient as grounds for divorce in Utah.

Step 2: Request Temporary Orders

The divorce law process in Salt Lake City can take several months, but temporary orders can be requested and approved for a multitude of reasons, including:

Child custody
Child support
Spousal support
Property restraining orders
Status quo orders

Request temporary orders as quickly as possible so you are not absent the resources or protection that you need.

Step 3: Serve Your Spouse and Wait for Their Response

If you are the one who files a petition for divorce, you must have your spouse served with their divorce law papers and then file a proof of service with the courts. If your spouse accepts service, then they need to fill out an affidavit to that effect. However, in many cases, the petitioner must hire a process server or sheriff to formally serve the petition on the other spouse. It is this third-party who then records the proof of service.

Step 4: Try To Come to an Agreement

The best outcome for anyone going through this process is to have an uncontested divorce, meaning both spouses agree on all issues.

This can be reached between both partners or with the help of a mediator. Not only will this save each spouse money, but there will typically be a lot less animosity.

Step 5: Go To Court

If you and your spouse are unable to reach an agreement, then the case continues before a Salt Lake City, UT judge. While there is some benefit to having a judge hand down orders, it may also be a detriment as there is little to no control of the agreement by the parties.

Salt Lake City divorces are handled by the Salt Lake County District Court. You must live in the county for at least 3 months before filing for divorce.

Step 6: Receive the Judgement of Divorce

The divorce law trial will end with the official judgment of divorce, ending the marriage. This final dissolution of marriage sets out the details about property and debt division, child custody and all relevant issues between the couple.

Work With an Experienced Salt Lake City, Utah Divorce Law Attorney

If you are going through a divorce and are unable to reach an agreement with your partner, you should hire an experienced Salt Lake City divorce law attorney. A lawyer will fight for you and make sure you get what is yours. 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 in touch with an experienced lawyer in your area!