Is Utah A 50-50 Divorce State?
If both parties can come to an agreement about how assets and property will be divided, then the court does not need to get involved. If this is not the case, the court will decide for them using an equitable approach, or what the court deems just and fair. It is important to note that this does not always mean a 50/50 split.
The court will consider the following factors:
- Contributions each spouse made during the marriage
- Income and earning potential of each spouse
- Age and health of each spouse
It is never easy to go through the process of getting a divorce. It can be emotionally overwhelming and challenging, especially if the divorce is contested. At Preston Day Law, PLLC, we have the experience and vast knowledge of Utah family law to help you secure the best possible outcome when it comes time to divide marital assets, determine child support and spousal support, and come to a custody agreement. We can represent you with your amicable, uncontested divorce or your complex, contested divorce – and everything in between.
Call (801) 335-6261 if you are filing for divorce in Utah County, Salt Lake County, or anywhere in the surrounding areas. Your initial consultation is free.
When getting divorced, you can pursue an uncontested or contested divorce. In an uncontested divorce, both parties come to an agreement about all issues, including asset and property division, support payments, and custody.
Alternatively, in a contested divorce, both parties disagree on either one or more aspects of the divorce. If two parties cannot reach an agreement, the court will determine how to resolve these issues on their behalf or ask for the couple to try a form of alternative dispute resolution.
You can either file for a no-fault or fault-based divorce. If you decide to move forward with a no-fault divorce, you can cite “irreconcilable differences” as your grounds for the divorce.
Otherwise, you can file for divorce due to one of the following reasons:
- Adultery (post-marriage)
- Abandonment (for over 1 year)
- Alcohol or substance abuse
- Felony conviction
- Cruelty (domestic violence)
- Insanity (spouse is determined insane by a psychologist)
- Separation (you and your spouse live apart for at least 3 consecutive years without cohabitating)
What Are the Requirements for Filing for Divorce in Utah?
To file for divorce in Utah, you will need to meet the following requirements:
- If you are parents of a minor, you must have resided in the state for at least six months
- If you are parents of a minor, you may also need to take a divorce education class before filing for divorce
How Long Does It Take to Get Divorced in Utah?
The law in Utah states that a couple must wait 90 days after filing their divorce petition before a final divorce decree can be entered. If you are facing a contested divorce, this period could take much longer.
Contact us online to learn more about our divorce services or call us at (801) 335-6261 to book a free initial consultation.
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