If there are no children, Utah law imposes a 90‑day waiting period, which begins to run the day after the Petition to Divorce is filed with the Court. Summit County will usually waive the waiting period. Wasatch County will not. If your divorce is completed via an agreement, you live in Summit County, and you [...]
Usually, the parties agree which of them should pay each of their joint debts. If they cannot agree, the Court will decide who pays which debt. However, the Decree (court ordered or agreed upon by the parties) is binding only between the parties. Creditors are not required to honor the apportionment of joint debts in [...]
In Utah, the law recognizes that spouses who works in the home and outside the home both contribute to the property acquired during the marriage, regardless of the income source. Utah requires an “equitable” (though not necessarily equal) division of such property, depending upon how long the marriage lasted, the age and health of the [...]
Either party may request and be granted alimony. Regardless of gender, alimony may be ordered on a temporary basis, pending trial, as well as for a period of time equal to the length of the marriage after entry of the Decree of Divorce. In determining alimony, the courts consider at least the following factors: The [...]
The courts, upon petition by either parent, may increase or decrease the child support obligation if significant changes in income or other circumstances have occurred since the entry of the Decree of Divorce. The court may review this every three years.
Utah has enacted Child Support Guidelines that are used by the courts to calculate a parent’s child support obligation based upon their incomes. You will need to input your “adjusted gross income” and your spouse’s “adjusted gross income.” The table will calculate the amount of child support to be paid by the non-custodial parent or [...]
Utah has a “standard minimum schedule of visitation” which allows contact one evening per week, alternating weekends (Friday through Sunday) weekly contact, alternating holidays, and alternating weekends, overnight, for children five and older. Parties can vary from the standard minimum schedule and create any schedule of visitation that they deem appropriate for them and the [...]
Utah recognizes several custodial arrangements for minor children. Either party can be awarded the “sole” custody of the children. That means one parent has physical custody of the children, the other parent has parenting time (visitation), and the parent with sole custody makes the major decisions regarding the children’s lives. “Joint” custody can be divided [...]
After filing a complaint for a divorce and receiving a case number, parties who have a child or children are required to attend a mandatory course on their children’s needs. This divorce education course is a prerequisite to receiving a divorce decree, unless a court determines that attending the course is not feasible or in [...]
The client must always make the decision about settlement terms. The lawyer’s role is to advise whether or not in his or her view, the proposed terms are reasonable. The lawyer is required to submit every settlement proposal to the client for the client’s review and decision. If you use the services of a mediator, [...]
Even a simple divorce requires many documents. The lawyer is responsible to help you through that process. It is the lawyer’s role to give you up-to-date information on laws involving children, support and property division. The lawyer acts as your advocate and assists you in negotiating an agreement that is in your best interest and [...]
A divorce is granted by a judge after the necessary paperwork has been submitted to the court. You may file the paperwork yourself, or obtain the assistance of a lawyer. If you wish to do the paperwork yourself, you may access forms via the internet.
At least one party must have been a resident of the county where the divorce was filed for a minimum of three months immediately before filing the divorce petition. If there are children, generally the children must have resided in the state for a minimum of six months.
Annulment: In an annulment, the court declares that the couple was never married because the marriage was void under Utah law or the marriage resulted from fraud (unless there are children born during the marriage). For example, Utah law does not recognize marriages: Involving incest Where one spouse has a living, undivorced spouse Where an [...]
Not really. Utah is a “no-fault” divorce state and most people claim there are simply “irreconcilable differences” as causes for the divorce. “Fault” may come into play when determining alimony; however, in reality, most judges simply do not want to hear about who’s to blame for the divorce.
