5 things to know about divorce in Utah


If you have decided to file for divorce in Utah, knowing the state laws is important. Besides the emotional distress, divorce can alter your life ahead in more ways than one. In your best interest and to protect your rights, consider hiring a Salt Lake City divorce lawyer. A family law attorney can ensure that your divorce remains a straightforward process, with focus on sorting issues in an amicable manner. Below are 5 things to know about divorce in Utah. 

  1. There are options of both no-fault and fault-based divorce. Utah allows for no-fault divorce, which means one of the spouses can cite “irreconcilable differences” as a reason to get a divorce. If the divorce is fault-based, grounds include conviction of a felony, adultery, mental or physical cruelty, habitual drunkenness, willful desertion, and willful neglect. 
  2. Divorcing parents must complete divorce education classes. In Utah, separating parents must attend divorce education classes, if there’s a minor involved. It is a great way of understanding the divorce process and sorting issues related to child support and child custody. 
  3. There is typically a wait period. Even when you file for no-fault divorce, you are required to wait for a minimum of 90 days before the divorce is finalized. This window allows the couple to sort all their relevant concerns and points of contention, such as child custody, child support, alimony, and distribution of assets. 
  4. The same attorney cannot represent both spouses. That’s correct. In Utah, the same divorce lawyer cannot work for you and your spouse. In any case, hiring a divorce attorney is critical for your case, and it is not about paperwork. It doesn’t matter if your spouse has hired a lawyer, you need someone who can guide you through the process, even if that’s not mandatory by law.
  5. There is a residency requirement. To file for divorce in Utah, either of the spouses must have lived in the county for at least three months prior to filing. There are exceptions to this in limited circumstances. 

A no-fault divorce is your best bet at easing the process and getting the decree without delay. If you have issues with your spouse, it is always wise to consider all relevant aspects and discuss things in an amicable manner, so as to come to an acceptable agreement. Hire an attorney, who can protect your interests and negotiate, mediate on your behalf. 


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