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Utah
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Utah Code
Disclaimer: What you read and see on this
site is NOT legal advice. It is for educational purposes only. This
information is commonly had in other resources, but we have assembled
it here for you to see all in one place. So come back and view it
as often as you like.
Utah Residency Requirement
According to the Utah Divorce Laws and Utah Divorce Guidelines,
to get divorced in Utah, the spouse filing for divorce must have
been a resident of the state for 3 months before filing the case
Time To Divorce
There is a waiting period of
90 days after filing the Utah Divorce Forms and Utah Divorce Papers
before a divorce will be granted
Place of Divorce (Venue)
The case may be filed in:
The county in which the spouse filing meets the residency requirements
Simplified or Special Divorce Procedures
Uncontested divorce hearings may be held before
a court commissioner. However, a divorce cannot be granted upon
default in this manner, only upon agreement by both parties and
legal evidence and testimony must be taken in every divorce case.
However, in a default case, the evidence may be contained in an
affidavit of the petitioner. Finally, a financial verification form
is also required in child support cases
Utah Grounds for Divorce
Grounds for a No-Fault divorce:
(1) Irreconcilable differences of the marriage
(2) living separate and apart without cohabitation for 3 years under
a judicial decree of separation
Grounds for a Fault based divorce:
(1) impotence
(2) adultery
(3) conviction of a felony
(4) willful desertion for 1 year
(5) cruel and inhuman treatment
(6) willful neglect
(7) incurable insanity
(8) habitual intemperance
NOTE: Regardless of
the reason of the breakdown of the marriage or the reason for filing
for divorce in Utah, the Divorce Do
It Yourself Service will do divorces on an "Agreed" basis or a “Default”
basis.
- An Agreed Divorce
, defined by Utah divorce guidelines and Utah divorce laws, is
a scenario where the spouses agree on the terms of the divorce
such as Utah property distribution, Utah child support, or Utah
child custody. Most of our clients (75%) prefer the Agreed Divorce
method and both spouses sign the divorce papers and are agreed
to the terms of divorce.
- A Default Divorce
, according to the Utah divorce
guidelines and Utah divorce laws, is a divorce where the other
spouse doesn’t sign the Utah Divorce forms or Utah divorce papers,
he/she doesn’t do anything at all with the divorce. They simply
default on the case and the spouse who files for divorce gets
whatever was asked for in the original paperwork.
Process to file for Divorce in
Utah
There are only three basic procedural steps to a divorce:
- File Utah Divorce Papers (Utah Divorce
Forms)
- Notify Spouse of your filing for divorce
in Utah
- Attend your Utah divorce hearing
Utah Child Custody
Simple Definitions: (source: Utah divorce guidelines and Utah divorce
laws)
- Visitation is
the plan the spouses have on where the children will live
and when the children will see the other spouse
- Legal Custody
is the decision ability of the parents in the lives of the children.
Such as, where the children will attend school and which church
they will go to.
- Physical Custody
pertains to the place where the children will live and which parent
they live with.
Utah Child Custody in a shared arrangement,
in one form or another, is the preferred method of our Utah divorce
customers. If a sole custody arrangement is to be considered, then
there is usually a reason agreed upon by both parties that
one parent is to have the children. Usually the financial status
of a parent is not to be considered for allocating any parental
rights and responsibilities. Shared Custody or Sole Child Custody
may be awarded according to the best interests of the child.
Utah Child Support
If the parents are unable to agree to an amount of child support,
there are guidelines that determine the amount of support based
on the Utah Child Support Guidelines. The guideline amount is presumed
to arrive at an amount of support that is in the child's best interest.
But, most divorcing spouses agree to a figure on their own, that
will work just fine. Also, in most situations, -0- Child Support
is OK if both spouses are working and can manage.
Property Distribution
In an Uncontested "Agreed Divorce" or "Default Divorce" the property
is divided so that both parties agree to the division. The main
concern here is to agree to the property division so that it doesn’t
create a fight that one party will want to go to a Utah divorce
lawyer or divorce attorney to make the case into a Contested Divorce.
Then you will have to incur the fees of a lawyer too.
- Debts Most divorcing
spouses set out who will pay what debts as part of their marital
settlement agreement during the divorce process, and close all
of their joint accounts.
- Alimony (Spousal Support)
In an Uncontested Divorce, Alimony may be awarded to either spouse
for their support and maintenance after the divorce. Both parties
must agree to it. Since most spouses are working, alimony (if
awarded at all), is usually for a shorter period of time, and
smaller amount than in the past. Alimony may be paid in a lump
sum payment of money or a payment plan. Alimony is not required
for a person to get divorced in Utah.
Missing Spouse
If you do not know where your spouse is and cannot locate him/her,
after diligent effort, you may still get a divorce in Utah. It may
involve the extra expense of running a newspaper ad or something
similar. We help you through the process.
Wife’s Last Name
The Wife may receive her Maiden Name back in the Divorce if she
wishes. We include this name change in our service for FREE. Divorce
in Utah often includes a name change.
Court Filing Fees
The Court filing fees are not included in the price of
our service. To file for divorce in Utah, fees must usually
be paid when you file the Utah divorce forms and Utah divorce papers
at your county courthouse. These fees vary between County to
County, so it is best to call them and ask what the fees are
in your County. Regardless of whether you are going through a divorce
service, using a Utah divorce kit, using a divorce attorney (or
divorce lawyer), or doing a nearly free divorce in Utah, you will
almost always be the one to cover the court fees which is standard
procedure.
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 Divorce
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| 1 |
After
you order, send in your information via the Divorce
Questionnaire. |
| 2 |
We
complete your divorce forms in 2-3 business days and
email them back for your review. |
| 3 |
Sign
and file the final divorce papers at your local County
Courthouse. Get a date for your hearing and attend it.
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