Utah County Divorce Attorney
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.
What Does the Court Consider in a Divorce Case?
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
Our Utah County Divorce Firm Can Help You!
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
- Come to a custody agreement
We can represent you with your amicable, uncontested divorce or your complex, contested divorce – and everything in between. Read what our clients have to say about us here!
Call (801) 335-6261 or contact online if you are filing for divorce in Utah County, Salt Lake County, or anywhere in the surrounding areas. Your initial consultation is free.
Uncontested Versus Contested Divorce
What is an Uncontested Divorce?
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
What is a Contested Divorce?
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.
Do I Need an Attorney for Uncontested Divorce?
In the state of Utah, it is not a requirement that you work with a lawyer for your divorce; however, the divorce process can be highly complex even in the most agreeable situations, which can lead to difficulty finalizing the divorce and undue stress. If you would like more information on if you should work with an attorney, contact our Utah County firm today for a free consultation!
What Is the Difference Between a No-Fault and a Fault-Based Divorce?
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)
How to Get a Divorce in Utah
In order to obtain a divorce in Utah, individuals must go through a multi-step process.
- The first step is making sure that they meet the state’s residency requirements, which require one of the parties to have lived in the state for at least three months prior to filing.
- After this has been verified, both parties need to fill out an application with all relevant information before it can be filed with the court.
- At this point, it is important to consult with an experienced Utah divorce attorney who can provide advice on how best to proceed and represent either party throughout the entire process.
Once everything has been submitted and approved by the court, the divorce will be finalized and legally binding. It's highly recommended to consult with an experienced Utah divorce lawyer when going through this process. The experienced family attorneys at Preston Day Law can help.
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.
PUT Our FIRM ON YOUR SIDEQuality is My Priority
Extensive Knowledge With Litigation.
When legal matters become contentious, having an attorney in your corner who is comfortable in the courtroom and well-versed in litigation can make a big difference in the outcome of your case. For your family law and criminal defense needs in the greater Salt Lake City, Utah area, I am ready and willing to stand up and fight for you.
Calm & Caring Guidance for Your Case
I understand that your legal issue, whether family-related or involving criminal charges, may be the most stressful and difficult experience of your life. Having an attorney who is focused on protecting your best interests and making sure you are put in the most favorable position available will give you peace of mind as you move forward.
We Will Work Together to Seek a SolutionWhen the result will have such a long-lasting impact on your life, you deserve to be involved and included in each step of the legal process. I will meet with you to hear your story, listen to your input, and answer all of the important questions you may have along the way. When the outcome is important to you, it's important to me.
Take advantage of a free consultation with our team.
Tell Me YOur Story
Request Your Free Consultation