No matter how strong you are, filing for divorce is never a simple decision. Besides the emotional mess that you have to deal with, you need to be prepared for possible legal battles ahead. Divorces often get complicated because of aspects like alimony and child custody. Couples who have considerable assets often fight over their estate and properties, which can delay the process. No matter what kind of situation you are dealing with, you need to hire a Sandy divorce attorney for your case. For your help, here’s an overview of the Utah laws.
Grounds for divorce
Like many other states, Utah is also a no-fault state for divorces. In other words, you don’t need to accuse your spouse or seek their consent to initiate Utah proceedings. You just need to state that you and your spouse have irreconcilable differences, and there is no room for any adjustment. There are residency requirements that must be met before you file for divorce. You can also file for divorce, stating that you and your spouse are legally separated and are not cohabitating (for three years at the least).
Does fault matter in a divorce?
Typically, the fault is not a direct factor for divorces in Utah. However, if you are seeking alimony, the court will consider the fault of both sides. Fault-based divorces are granted in some circumstances, including natural impotency, adultery, domestic violence, desertion for at least a year, addiction issues, incurable insanity, and willful neglect.
What are the residency requirements?
To start the divorce process in Utah, at least one of the spouses must have been living in the state for three months before initiating the proceedings.
Can one ask for alimony?
Yes, you or your spouse can ask for alimony, and it is determined based on aspects like the duration of the marriage, the standard of living of the couple during the marriage, and financial resources and standing of both parties. There is no fixed formula to determine the alimony amount.
Should you get an attorney?
Divorces are inherently complex, and you need a reliable and known lawyer on your side to handle the work, including the paperwork. If you and your spouse are not on talking terms, your lawyer can help mediate and resolve issues to ensure that the outcome or decisions are acceptable to both sides. If the matter ends up in court, your attorney will be there to argue on your behalf.
Call an attorney to know divorce laws better.