Everyone wants to have a happy married life. Unfortunately, not all of us are so lucky – some of us want to get out of a marriage. Reasons may vary from person to person, but they want the process to be over quickly and without any hassle.
And with a divorce rate of 3.3, Utah is one of the top fifteen states with the highest divorce rates. In other words, Utah residents often face this situation more often than most others. But as mentioned before, navigating the complex legal system is easier said than done. Of course, a competent Utah divorce attorney can help.
However, you will need to know a few things about divorce laws in Utah. This knowledge can help you make an informed decision, regardless of whether or not you are getting divorced amicably. Or else you might make a decision that will affect your future in the long run.
Let’s learn a few facts about divorce cases in Utah.
1. Legal Grounds for Divorce
As a leading Utah divorce attorney, we have seen that one of the main concerns for a divorcing couple is the property division. The divorce laws in Utah require an equitable division of marital property. But equitable doesn’t necessarily mean equal or 50-50. It usually means fair.
Generally speaking, this is what happens.
Marital property is the property acquired during the marriage. The divorce laws in Utah recognize that both partners contribute to marital property. Naturally, the court will divide all the marital property.
Also, the court is likely to divide the property regardless of who owns the title and where the property is. Secondly, income may not be the sole factor when dividing your property.
Again, this process may change depending on the circumstances of your case. Only a competent Utah divorce lawyer can help you understand the specifics. You need to speak with one as soon as possible.
2. Property Division
As a leading Utah divorce attorney, we have seen that one of the main concerns for a divorcing couple is the property division. The divorce laws in Utah require an equitable division of marital property. But equitable doesn’t necessarily mean equal or 50-50. It usually means fair.
Generally speaking, this is what happens.
Marital property is the property acquired during the marriage. The divorce laws in Utah recognize that both partners contribute to marital property. Naturally, the court will divide all the marital property.
Also, the court is likely to divide the property regardless of who owns the title and where the property is. Secondly, income may not be the sole factor when dividing your property.
Again, this process may change depending on the circumstances of your case. Only a competent Utah divorce lawyer can help you understand the specifics. You need to speak with one as soon as possible.
3. Child Custody
It’s never easy to get divorced when kids are involved. And as a Utah divorce attorney, we have seen child custody disputes complicate the divorce process. Often the court will step in when the parents can’t decide who will have the custody.
The divorce laws in Utah will consider several factors when deciding custody. But the best interest of the children is always a priority. Here are different types of child custody in Utah.
- Sole Legal and Physical Custody: Kids live with one parent, and only that parent makes major decisions about the children’s lives.
- Joint Legal and Physical Custody: Children live with both parents. And both parents are involved in the decision-making.
- Sole Physical and Joint Legal Custody: Children live with one parent, and the other has visitation rights. But both parents are involved in decision-making.
- Split Custody: The court may award split custody when more than one child is involved. Each parent gets sole physical custody of at least one child.
Each case is different. So, talk to your Utah divorce attorney about the potential custody arrangement for more information. They can help you understand your options better.
4. Child Support
As a mother, you can get child support. But according to the divorce laws in Utah, you have to prove paternity to get child support. There are three ways to establish paternity:
- Through agency action
- Voluntary action
- Court intervention
When the situation demands, the court can enforce the father to provide child support. Utah courts can use wage garnishment, tax refund intercepts, and driver’s license suspension to enforce child support orders.
But establishing paternity can also affect a father’s involvement in decision-making and custody arrangement. You should speak with a skilled Utah divorce attorney to understand how this will affect you and your kids.
5. Alimony
In Utah, alimony is gender-neutral. In short, any one of you can request alimony support. The court can award alimony during the divorce process or longer. The court will usually consider the following factors when awarding alimony.
- The financial condition of the spouse receiving the alimony.
- The recipient’s earning capacity or ability to produce income.
- The ability of the paying spouse to provide support.
- The length of the marriage.
- Whether the recipient is a custodial parent of a child who needs child support.
- Whether the recipient worked in a business owned or operated by the other spouse.
- Whether the recipient contributed to increasing the other spouse’s skill, education, or income.
But you should talk to your Utah divorce attorney for details. The amount and duration of alimony can change depending on your circumstances.
6. The Cost of Divorce in Utah
How much will the divorce cost me?
This is a question we often come across as Utah divorce lawyers. There is no one-size-fits-all answer to this question. The cost of divorce varies from case to case. For example, a contested divorce is more expensive than a non-contested separation.
The cost usually depends on the following factors.
- Custody battles and co-parenting arrangements.
- Division of property and marital assets.
- Court fees and other legal expenses.
- And finally, attorney fees.
The bottom line is – a simple and amicable divorce can bring the costs down. It benefits everyone, including your children. So, try to resolve your disputes as quickly as possible with the help of your attorney.
Conclusion
Divorce is not just scary and stressful but also complicated. For most divorcing couples, navigating the divorce laws in Utah is easier said than done. Of course, a licensed divorce lawyer can help you. But it is better to know the basics of divorce laws yourself. This knowledge can help you make an informed decision. And that is critical to secure your future. Hopefully, this post will help you understand the key aspects of getting a divorce in Utah.
Do you need a reliable Utah divorce attorney? Look no further than Jeremy Atwood Law. We make sure your divorce is as stress-free as possible. Call (801) 682-5234 or fill out our contact form to schedule a free 15-minute consultation.