Helping Clients Move Forward With Their Lives
No one ever wants to believe they’ll eventually need a lawyer to file for divorce. However, as couples grow together, they can also grow apart. While it isn’t glamorous, you can still find hope on the other side of your divorce.
It’s no secret that going through a divorce can be emotionally draining, especially without qualified legal representation. Many individuals end up receiving a settlement that is far less than they deserve or run into serious problems without the right legal representation.
If you need a legal advocate on your side, contact Fontenot Law, P.C., to schedule a free initial consultation. An experienced divorce and family lawyer will gladly sit down with you to answer your questions and discuss your legal options.
Is Utah a No-Fault Divorce State?
Unlike other states that have grounds for divorce, such as abandonment, adultery, domestic abuse, or cruelty, Utah is a no-fault divorce state. No-fault means neither party is obligated to give a reason or blame the other for the marriage ending. No-fault also means that a spouse does not need the consent of the other to obtain a divorce.
Utah law allows the courts to enter a divorce decree if the following apply:
- One of the parties is a resident in the county and state for at least three months prior to the beginning of the divorce proceedings.
- One party has alleged irreconcilable differences, and the couple has been unable to resolve their problems; therefore, the marriage is irretrievably broken.
- At least 90 days have passed since the court acquired jurisdiction over one party as a result of them making court appearances.
However, it should be stated that even though Utah does not have grounds for a divorce, fault may be used to determine if alimony or spousal support should be awarded.
Contact our law office to schedule a free consultation if you are considering a divorce. We will gladly answer your questions and begin divorce proceedings on your behalf.
How is Marital Property Divided in a Divorce?
Property division is the process where property rights and financial obligations are divided between spouses going through a divorce. Utah uses equitable distribution laws when determining the division of property. Equitable distribution laws stipulate that only property acquired during the marriage is subject to division between the two parties.
However, the term “equitable division” can be misleading as it does not mean that all martial property will necessarily be divided equally. Instead, equitable division means that property will be divided in a way that results in a fair or equitable outcome for each spouse.
Some of the factors that Utah courts use to determine how property should ultimately be divided include:
- When the property was acquired, property acquired by either spouse before their marriage is not considered marital property and, therefore, not subject to division.
- Each spouse’s contributions to the marriage and financial needs.
- Each spouse’s age, health, contributions, and earning capacity.
Finally, Utah courts must also consider the non-monetary contributions made by both spouses during the marriage. Non-monetary contributions may include determining the value of work provided by the stay-at-home spouse, such as:
- Household chores
- Supporting the other spouse professionally
If you still need clarification about how courts in Utah determine how marital property should be divided, contact Fontenot Law, P.C. of Bountiful, and book an appointment with a member of our legal staff who can provide you with more information.
How Long Do Divorce Proceedings Take to Complete?
The amount of time it takes to obtain a divorce depends on several factors, such as whether the couple can agree on issues that frequently include child support, child custody, parenting time, spousal support, or property division.
If the parties fail to agree on these vital issues, such as in a contested divorce, their divorce can be significantly delayed. The judge overseeing their case may order them to go through mediation to try and negotiate a resolution to avoid costly and time-consuming litigation.
However, if both spouses agree to an uncontested divorce, the time it takes to obtain a divorce can be relatively short.
Additionally, if couples have minor children, the fathers and mothers must participate in mandatory educational and orientation courses. A judge can sign a divorce decree once both parents have completed the required training.
Finally, Utah also requires a 30-day waiting period after a petition divorce petition has been filed. A judge may not sign a divorce decree until after the 30 days have elapsed. However, one of the spouses may request the court waive the 30-day waiting period if they can prove they have extraordinary circumstances that warrant such an action.
What Makes Fontenot Law, P.C. the Best Choice to Handle My Divorce Case?
The legal team of Fontenot Law, P.C. recognizes that obtaining a divorce can be devastating for both parties. In cases of high-asset divorce, complex financial issues often must be resolved before a judgment can be reached.
If you have been separated or have come to the difficult decision that your marriage must end, you need to hire a divorce attorney who will fight for your rights. Our law firm is qualified to handle various types of divorces, including those that involve a non-U.S. citizen, immigrant, and LGBTQ. Our attorneys can also handle divorce modification issues for our clients.
Divorce is never easy, but our highly trained legal team is dedicated to assisting clients to get through this time of their lives so they can start building the next chapter. Contact Fontenot Law, P.C. of Bountiful, UT, at 801-448-0156 to schedule a free case evaluation to determine your legal needs and learn how we can help.