The Divorce Process Explained: Understanding the Legal Steps

Did you know that Utah has one of the highest divorce rates in the country? No one goes into a marriage expecting to get divorced; however, sometimes, it happens.

The divorce process can be a confusing and daunting process, especially if you have never gone through it before. There are a lot of legal steps involved, and if you are not familiar with the process, it can be easy to make mistakes that can cost you time and money.

In this blog post, we will explain the divorce process in Salt Lake, Utah, so that you can understand the legal steps involved. We will also provide some tips on how to navigate the process and avoid making common mistakes.

The Divorce Process in Utah

In Utah, the divorce process gets started by filing a petition with the court. The person who files the petition is called the petitioner. The other spouse is called the respondent.

The petitioner must file the petition in the county where they live or where the respondent lives. If the respondent lives in another state, the petitioner can file in any county in Utah where they have lived for at least the previous three months.

Once the petition is filed, it must get served on the respondent. The respondent has 21 days to respond to the petition if they live in Utah and 30 days if they live out of state.

If both spouses agree on all of the terms of their divorce, they can sign a stipulated divorce decree and submit it to the court for approval. If there are contested issues, such as custody or the division of assets, those issues will need to be resolved through mediation or trial.

Grounds for Divorce in Utah

In Utah, there are ten grounds for divorce:

1. Irreconcilable differences
2. Adultery
3. Impotency at the time of marriage
4. Willful desertion for more than one year
5. Habitual drunkenness
6. Willful neglect to provide
7. Conviction of a felony
8. Three years under a separate maintenance decree
9. Physical or mental cruelty
10. Permanent and incurable insanity

In Utah, the most common reason for divorce is irreconcilable differences.

How to File for Divorce in Utah

It can be an emotionally trying time when deciding to end a marriage. In Utah, the process for filing for divorce is relatively straightforward. Here are the steps you need to take to file for divorce in Utah:

File a Petition for Divorce

The first step in filing for divorce is to file a divorce petition with your local district court. Include all relevant information about your marriage and your grounds for divorce in the petition.

Serve Your Spouse

Once you have filed your petition for divorce, you will need to serve your spouse with the paperwork. You can do this by mail or by hiring a professional process server.

Wait for a Response

Give your spouse some time to respond to the divorce paperwork. If they do not respond within 21 days, you can proceed with the divorce without their input.

Attend a Hearing

If both parties agree on the terms of the divorce, you will simply need to attend a short hearing where a judge will sign off on the divorce decree. However, if it is a contested divorce, you will need to attend a longer hearing where testimony may be given and evidence presented before a judge makes a final decision on the terms of the divorce.

FAQs about Divorce in Utah

Do you still have more questions about filing for divorce in Utah? We've compiled some frequently asked questions and their answers.

Q: How Do I File for Divorce in Utah?

You can file for divorce in Utah if you or your spouse have been a resident of the state for at least three months. The first step is to file a petition with the court, which will then be served on your spouse.

Once your spouse has been served, they will have 21 days to respond to the petition. If they do not respond, you can proceed with the divorce without their input.

Q: How Does the Court Decide Who Gets What in a Divorce?

In Utah, the court will divide property and debts equitably between spouses, meaning that it will be split fairly between the two of you. The court will consider a number of factors when making this decision, including each spouse's income and earning potential, whether one spouse contributed more to the marriage than the other, and each spouse's needs.

Q: Do I Need an Attorney to Get Divorced in Utah?

Although you are not required to have a divorce lawyer in Utah, it is highly recommended that you at least consult with one before proceeding. An experienced divorce attorney can help ensure that your rights are protected throughout the process and can provide invaluable guidance on how to best approach asset division and other important aspects of your case.

Don't Go to Divorce Court Alone

Divorce is obviously a difficult and stressful process, but understanding the legal steps involved can help make it a little bit easier. If you're considering divorce in Salt Lake, Utah, we hope this article has been helpful in giving you a better understanding of what to expect from the divorce process. Of course, every situation is different, so be sure to consult with an experienced divorce attorney to get the specific guidance you need for your own case.

Are you looking for the right attorney to help with your divorce case? Fair Price Lawyers are here to support you. Schedule a consultation today.