Divorce in Utah: A guide for separating couples

Like in many states in the US, Utah allows for both no-fault and fault-based divorce. In a no-fault divorce, the couple, or one spouse, needs to testify that the marriage has failed, and “irreconcilable differences” is a valid reason for that. The option of no-fault divorce can be also considered by couples, who have lived apart and separately for at least three years. Truth be told, circumstances surrounding a divorce are often unique, and it makes sense to talk to an expert on the matter. Consider finding a reliable and known Salt Lake City divorce lawyer, who can guide further on how to make the process as smooth as possible. 

Grounds for fault-based divorce

In case of fault-based divorce, one spouse must present evidence to show that the marriage has failed because of the other person. There are several grounds that can be considered for fault-based divorce, such as adultery, impotence at time of marriage, willful desertion, and conviction of a felony. Other grounds include mental and/or physical cruelty, willful neglect, and incurable insanity. 

Note that the residency requirements must be met before you can file for divorce in Utah. The person filing for divorce must have lived in a single county for a period of three months, continuously, at the least. 

Need for a lawyer

Hiring a divorce lawyer in Salt Lake City or anywhere in Utah doesn’t have to be hard. However, you have to first consider if you need one in the first place. Keep in mind that no type of divorce is better than the other. In your best interest and to reduce the time and complications, a no-fault based divorce could be an ideal option. In case you and your spouse cannot agree on the basic aspects, a divorce lawyer can help. Your lawyer can guide you on aspects like – 

  1. Child custody
  2. Child support 
  3. Spousal maintenance
  4. Distribution of assets
  5. Visitation rights

Not all lawyers can deal with family laws, so you specifically need to find a divorce lawyer. Make sure that your lawyer is available, accessible, and they should be willing to take over. A good lawyer knows what it takes to mediate things between a warring couple. Also, if your spouse has hired a lawyer, you have to consider seeking legal assistance too. 

Do check the Online Court Assistance Program (OCAP) in Utah, which can make things easy to get through a divorce.  

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