Law

Things to know before filing for divorce in Utah

No matter the underlying reasons, the breakdown of a marriage can be hard to deal with. If you have made up your mind for divorce, it is wise to consider all options that can possibly save your marriage. While you can always consider hiring a Sandy divorce lawyer to know the basic aspects of divorce laws in Utah, but below are some simple pointers worth knowing. 

There are residency requirements

As per the residency requirements of Utah, either of the spouses must have lived in the concerned county (where they intend to file for divorce) for at least three months. There are limited exceptions to this. 

You can choose between no-fault or fault-based divorce 

In Utah, no-fault divorce is the easiest way to end the marriage. In case of no-fault divorce, one or both spouses can cite “irreconcilable differences” as a reason or ground for seeking divorce. There is also the choice of fault-based divorce, for which grounds may include adultery, willful desertion, willful neglect, cruelty, incurable insanity, and habitual drunkenness. If you want to file for fault-based divorce, you have to wait for a while before matters are sorted and the divorce is finalized. For no-fault divorce, there is a waiting period of 90 days. 

Alimony may be subject to many considerations

If you want alimony or spousal support from your spouse after the divorce, let your attorney know. There are many factors that determine whether someone will get alimony following a divorce. The Judge will usually consider things like financial status of both spouses, duration of the marriage, if there was fault involved, the custody of the minor child (if applicable), and other details. Alimony ends the moment the receiving spouse dies or remarries. 

Child custody and more

Child custody will be decided after considering the best interests of the minor child. There is no one straight way of getting custody of minor child. Also, child support will be decided on factors like who is retaining the custody of the child, income of both parents, and overall expenses related to wellbeing of the child. Utah has a mandatory educational course for divorcing parents. The divorce decree may not be granted to parents, until they complete the course. 

Check online now to find more on divorce lawyers in Sandy. Meet an attorney to understand how you can simplify the divorce. Note that you and your spouse cannot hire the divorce lawyer in Utah.