Divorce is never easy, but it can be especially challenging when you're not sure where to start. If you're considering filing for divorce in Utah, it's important to understand the process and know what to expect. In this blog post, we'll provide a step-by-step guide to starting the divorce process in Utah, so you can feel more confident and prepared.
Step 1: Meet the Residency Requirements
Before you can file for divorce in Utah, you must meet the residency requirements. This means that either you or your spouse must have been a resident of Utah for at least three months before filing. If you meet this requirement, you can move on to the next step.
Step 2: Determine the Grounds for Divorce
Utah is a no-fault divorce state, which means that you don't need to prove that your spouse did something wrong to file for divorce. However, you do need to state a reason for the divorce. The most common grounds for divorce in Utah are irreconcilable differences and living separately for at least three years.
Step 3: File the Divorce Petition
To start the divorce process in Utah, you need to file a divorce petition with the court. This is a legal document that outlines your reasons for the divorce and your requests for things like child custody, child support, spousal support, and property division. You'll need to pay a filing fee and serve the petition on your spouse.
Step 4: Wait for a Response
After you file the divorce petition, your spouse has 21 days to respond. They can either agree to the terms of the divorce or contest them. If your spouse contests the divorce, you may need to attend a court hearing to resolve the issues.
Step 5: Negotiate a Settlement or Attend a Trial
If you and your spouse can agree on the terms of the divorce, you can negotiate a settlement outside of court. If you can't reach an agreement, you may need to attend a trial where a judge will make decisions about child custody, support, and property division.
Step 6: Finalize the Divorce
Once you've reached an agreement or attended a trial, you'll need to finalize the divorce. This involves drafting a final decree of divorce that outlines the terms of the divorce and submitting it to the court for approval. Once the court approves the decree, your divorce will be final.
If you're considering filing for divorce in Utah, it's important to have the guidance and support of an experienced family law attorney. At Carr | Woodall, we can help you navigate the divorce process and protect your rights and interests.
Contact us today to schedule a consultation.