Home / Miscellaneous / Other Stuff / Filing for Divorce in Utah – 11 Things to learn

Filing for Divorce in Utah – 11 Things to learn

Usually, many people who go through the process of divorce face it rough. They go through traumatizing and stressing periods which if not handled with care, could end up in depression. Taking an instance where one of the couples had not planned for such eventuality, then it happens all of a sudden, life can become miserable in one way or another.

Some rules and regulations govern each state, including issues related to divorce, and Utah is not an exception to the rules. One may be going through a tough time when considering to make a decision relating to the divorce, but being a residence in Utah could be an easier way and especially when using the online divorce sites for uncontested divorce cases.

Having considered these, it’s paramount to learn several things while filing for divorce in Utah.

  1. Either you or your Spouse must be a resident in Utah for three months.

For any person living in Utah to be given the green light to proceed with the divorce process, then they either the Spouse must have lived there for a minimum period of three months.

  1. One should take divorce Orientation classes early enough.

In Utah, one undergoes two main classes in the event you have young children at the time of divorce, the Divorce Orientation classes and Divorce Education classes.

Each of these classes is to enable one to make a solid decision regarding the child custody and support once the decree has been made.

It is essential to take them because there are courts that will not proceed with the divorce case without ensuring you have gone through the classes. Each of the courses has a cost attached, and it’s therefore essential to be aware of the charges as you plan to enroll for the same.

  1. Utah Allows for  No-fault and Fault –Based divorce.

Whereas many states give an allowance to accept no-fault divorce, Utah agrees to both of them.

A no-fault divorce in this instance is where the couples have come to an agreement that they will proceed with the divorce because they have differences that cannot be reconciled.

On the other hand, fault-based divorces are where there is evidence of neglect of one couple, and they can never agree on the way forward.

Use this link to know more:

https://www.divorcesource.com/ds/utah/justifiable-divorce-in-utah-1544.shtml

Among the issues that end up in a fault divorce include drunkenness, Insanity which does not have a curable solution, Adultery, being abusive and cruel, all that could harm the other party in the long run.

  1. The petitioner and the respondent must have their Attorney.

Each of the parties is required to have their Attorney during the divorce process even if they have agreed on how the assets will be split. This is in a bid to avoid the conflict of interest which could arise during the court filing process.

When it comes to financial disclosures, the Attorney will be in apposition to negotiate and get the required information for submission to the courts in a more neutral ground as opposed to when the individual complainant is demanding for the same. The financial disclosure is mandatory in Utah, and after the respondent’s response upon being served with the divorce papers, then the financial disclosures becomes the next document from both sides.

As such, having one’s Attorney is essential to have a neutral ground when it comes to such issues.

  1. Preparation of Divorce Papers.

Divorce papers in Utah are accessed online or using the court clerk offices in the county one is living in.

For an uncontested divorce, one can opt to go through the online divorce method, which is an inexpensive and cheap method to end a marriage. The only requirement is to research on the online sites that are eligible to work within Utah, and if you qualify, one is given access to the divorce papers for filing and returning for review.

You can find more information about online divorce in Utah here:

https://www.onlinedivorce.com/divorce/utah/

The process can take as little as 24 hrs — time to submit the documents online for verification if they are filled appropriately.

There are Attorney’s employed by the online service program who advise how the forms should be filled. Therefore one can opt to end the marriage without a lawyer and still succeed legally.

The other method of obtaining the divorce forms is to get them from the court clerks in the county of residence at the time of divorce, fill them and use a lawyer to submit to the courts. In most cases, it’s recommended that for contested divorces, to have a lawyer in place that could give advice and represent you in the court of law. He could still support in serving the respondent with the divorce papers and avoid collision between both of you and especially if there were no good relations.

  1. Utah has a justified way of distributing its resources fairly.

Divorce is not left out in this clause, and during the divorce settlement process, the court checks into the fairness on the distribution of the assets. With this in mind, the court will look for the best possible solution to ensure that none of the couples loses out in the equitable distribution, which does not have to be an equal share.

The responsibilities of each person must be taken into account, and the marital property will be divided depending on the weight of each person’s case.

  1. Utah considers an acceptance of service to proceed with the case.

Just like any person would demand respect in every job assigned to him or her, the state of Utah is not an exception. Some rules demand an acceptance of service, in that the petitioner or the lawyer can either serve the respondent with the divorce papers.

The respondent should sign the receipt of the same to acknowledge that they are now aware of the official intention of the divorce.

One is allowed a maximum of 120 days to respond to the court about the respondent’s acceptance of the divorce documents. This is because at times, the Spouse may be living away, and the petitioner may not be able to locate the residence immediately. However, upon finding him/her, it’s mandatory to submit back the acceptance letter to the courts for the proceedings to take effect.

  1. The petitioner ought not to be so lenient on the preliminary petition for divorce.

One of the ideal ways of filing for divorce in Utah is to ensure that you do not have to be very easy as you analyze the reasons for divorce. On the other hand, you may not be aware of how harsh the respondent will be while responding to the petition.

Therefore then, ensure that you document everything that relates to your marriage and what you are seeking consent for. As the court hearing continues, and then you may consider being linient to some of them which may look like it’s a favor you are during to your Spouse while essentially, this is not the case, it’s only a game you were playing wisely to win a more significant chunk.

This is also to avoid the respondent filing even tighter defense against your case and avoid losing in most issues.

  1. There is a 30 day waiting period.

While one has filed for divorce in Utah, there is a waiting period of 30 days. This is to allow for court deliberations on the way forward, hearings and defense of the same.

Even if the case comes to completion before the 30 days are over, the decree cannot be given since this is a mandatory requirement that must be maintained as such decree can only be issued after the expiry of this period.

  1. Allowance for mediation.

In as much as couples have decided to end the marriage, Utah gives an option for counseling to try salvage the marriage. This, at times, is an effective way of assisting couples to come back together and save their marriage and in most cases, is the last attempt in looking for ways to keep the marriage. In such an instance, the decree may be delayed as the judges wait for a decision that would arise from the mediation.

  1. Parental Planning.

For the couples who have children, they should ensure that the parental plan is in place early enough when submitting the divorce papers to the courts. This is in a bid to prove to the courts that you will be responsible for offering parental support to the children even though the marriage is no longer in existence. This includes medical care, education co-circular activities which are essential for the growth of the child.

Failure to file a parental plan can automatically lead to denial of some of the rights of a parent during the court’s settlement process.

Conclusion.

When there are issues that you have entirely failed to agree between yourselves, then there are terms of agreements that are set down in Utah which may not favor any side, but for the sake of making a final decision, the court is forced to decide forcefully. However, this is one of the favorite places to seek divorce on the ground that it gives an option for mediation, which is hardly found in many states.

About RJ Frometa

Head Honcho, Editor in Chief and writer here on VENTS. I don't like walking on the beach, but I love playing the guitar and geeking out about music. I am also a movie maniac and 6 hours sleeper.

Check Also

How to Choose a Guitar for Your Kid

Welcome to the world of small guitars – when you are looking for a right …

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.