Utah Divorce Laws – Key Points

Utah Divorce Laws - Key Points

Utah is named after the “Ute” Native American tribe, but its history is more influenced by Mormon Church, which prefers to be called the Church of Jesus Christ of Latter-day Saints.

The Mormon religion is widely associated with men having multiple wives and never getting divorced, but despite that history, divorce in Utah is common and similar to other states.

Read on  about Utah divorce laws here, if you want to know how to get a divorce in Utah.

Reasons for filing for divorce in Utah

According to the Utah divorce laws,Utah has several fault grounds for divorce, including impotency, adultery, desertion, neglect, habitual drunkenness, conviction of a felony, and incurable insanity.

Despite all that, most people that file for divorce in Utah use no-fault grounds.

In Utah, the most common is “irreconcilable differences of the marriage.”  According to Utah divorce laws, a divorce can also be granted after a three-year separation, but it makes no sense to wait three years for most people.

Irreconcilable differences will be the basis for most divorces.

How to file for divorce in Utah

As per Utah divorce laws, uncontested divorce in Utah is the default.

This requires the couple to work out all their issues, including those related to property and children.  This is not always done alone. Sometimes a couple may use divorce mediation; Utah courts then approve the agreement the couple reached together.

Other couples, especially those with complex financial issues or complicated child-care situations, will often need to involve professionals to prepare their Utah divorce papers.

Hiring a divorce attorney – Utah

A lot of people going into the divorce process in Utah have seen movies where two smart lawyers battle in court over what is right.

They expect a divorce scenario involving both spouses hiring Utah divorce attorneys and then having those attorneys battle each other out for the most money they can get.

The reality is that type of courtroom battle is incredibly expensive, and most couples have limited assets to fight over.

The cost of divorce in Utah can be minimized if a couple can do the work themselves.

Some divorce lawyers in Utah will even agree to represent a couple jointly to help them reach an agreement and then get in finalized in court at a reasonable rate or even for a fixed fee.

How to get a divorce in Utah as per the Utah divorce laws

According to Utah divorce laws, once you file for divorce in Utah, you have to make sure you get the final divorce decree in Utah.

One challenge is going to be the waiting period.

Utah also requires couples with children to take a class on divorced parenting.

The more important issue will be resolving issues related to child care and property.  If this has to be done in court, it can drastically slow down the process.

Utah first forces couples into mediation

During divorce mediation, a neutral third party will at least try to get the couple to come to an agreement.  It will proceed much like any other court case, with each side having an opportunity to discover information from the other side and then call witnesses to testify about the facts while the judge makes final decisions.

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