The laws that surround divorce can vary by state. Thus, if you live in Utah and want to file for divorce, you must know how the process works here. Before you file for divorce, here are things you should know:
You can File Either No-Fault or Fault-Based Divorce
In Utah, you can file a divorce if you and your spouse agree that there are irreconcilable differences. Also, you can seek a fault-based divorce if necessary. Grounds for fault-based divorce include adultery, inability to perform sexually, willful neglect, willful desertion of one or more years, extreme cruelty, incurable insanity, and felony convictions.
You Should be Living in the State for a Minimum of Three Months
To file for divorce in Utah, you or your spouse should have lived in the state for at least three months. Utah has one of the shortest time requirements for a divorce filing in the country.
You and Your Spouse Need to Retain a Lawyer
You and your spouse can’t have the same sandy divorce lawyer, even if you agree on how you want to split up assets. Working on the same lawyer is considered as a conflict of interests and the state does not allow it.
Marital Assets are Equitably Distributed in Utah
When dividing up marital assets, the court tries to split things up in a way that will put both parties in the best position. Things such as income, pre-marital assets, and responsibilities can be considered when splitting your marital assets.
Divorce in Utah can Take at Least 90 Days to be Completed
After you file for a divorce, there is a mandatory 90-day waiting period before the divorce can be finalized. Often, you will spend this time working out all the details or go to court.
Counseling or Mediation May be Mandated
If you or your spouse requests counseling or mediation, the court may require both parties to seek it to try to preserve your marriage. Although this kind of effort can delay the actual divorce, it may help save the marriage.
Your Divorce can be Completed Outside of Court
In the state of Utah, most divorces don’t need to go to court. A lot of divorces are completed through mediation or if both parties come together and agree on all the issues right upfront.
Forms Must be Filed in the Proper County Court
When you file for divorce, you should file the papers in the office of the county court where you live. Typically, your divorce lawyer will handle this for you.