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How to File for Divorce in Utah- A Comprehensive Guide

Davis Divorce Attorney

Going for divorce for any married couple usually comprises of two things.

  1. Dissolving the marital relationship
  2. Splitting the debts and assets

If the marriage had last for a considerable amount of time and one of the partners isn’t financially sound, the alimony matter may also arise. If the couple has minor children, the children’s custody can also be involved in the divorce filing.

Where to file

To file a divorce in any county, the party lodging the divorce must be living in that specific county for at least 3 months. The divorce must be filled in the county’s district court by the Davis Divorce Attorney.

Procedures

The easiest method is an unconsented divorce in which you and your partner comes to an agreement on the distribution of your property and what provisions will be made for them if they have any children. The process is initiated by submitting a Divorce Complaint by the Weber County Attorney, together with several supporting documents. A few of these documents would be a legal settlement arrangement detailing the distribution of assets and the arrangement over any children. These papers are filed with the court, and the partner will be given copies of them. You will undergo a court hearing, where the judge will ensure that all of your paperwork is in the correct order, and ask you a couple of questions, and sign your divorce decree.

In the case of collaborative divorce, the court provides this mechanism where each side employs one of the best attorneys in Salt Lake City to help them find consensus on all matters. A facilitator may also be involved to help guide the conversation. Both sides have to agree, and one can interrupt this process at any time. The parties sign any document and apply it to the court to be merged into a judgment.

Grounds for Divorce

These are the legally recognized reason to sign the divorce that justifies ending the marriage. In most states, there are generally two types of grounds for divorce.

  1.      Traditional fault-based grounds
  2.      No-fault grounds

 Property Division

A settlement includes the separation of your property and your spouse's debts. Divorce law provides for all property to be marital, irrespective of how or when it was bought. If the parties disagree, the judge is instructed to "equitably" split the land.

If the marriage lasts for a short period, and no children are present, the court can return the state's parties. Alimony shall be restricted to a length of time equivalent to the total of years of marriage if the court finds the conditions extenuating. Alimony stops when the party receiving the alimony dies or remarries, or when there is evidence that the party receiving the alimony cohabits with another person.

Child Custody

If the couple has any dependent children, a custody arrangement must be made, which essentially comes down to finding out how the custody of the children will be split between the parents, and how decisions have to be made. If both partners can negotiate a custody arrangement, the judge will approve it, unless it is established by the judge that it is not in the best interest of the child. If they can’t establish an arrangement, the judge will decide the matter after evaluating all significant aspects.

There is a principle ruling for joint custody, unless it is demonstrated not to be in the best interest of the child, or there is a physical gap between both the parents to render joint decision-making unworkable. The court is to consider in deciding whether joint custody should be awarded or not based on several practical aspects.

Miscellaneous Matters

Divorce will not be authorized for at least 90 days from the paper’s filing. In the course of a divorce, there is no requirement for a name change.

Filing for a divorce can be a daunting and lengthy process, but if both the partner are able to negotiate the terms of the settlement, you could save time and energy. Following these aforementioned steps will help you get through your divorce easily.

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