Carr | Woodall, your trusted South Jordan law firm, is here to provide unwavering support and legal expertise when facing the challenges of a contested divorce. We understand that the decision to pursue a contested divorce is never taken lightly and often arises from complex, emotionally charged situations. In such cases, having an experienced South Jordan contested divorce lawyer on your side is essential to protect your rights and navigate the legal complexities that lie ahead. Call today to speak with a skilled divorce attorney.
What is a Contested Divorce?
A contested divorce, as opposed to an uncontested one, is a legal process in which the divorcing parties cannot agree on one or more critical issues, such as child custody, property division, spousal support, or any other significant matter. In a contested divorce, both parties cannot reach a mutual settlement, so they must turn to the court for resolution. This can be a stressful and emotionally draining process, so the guidance of a South Jordan contested divorce attorney is invaluable.
Contested Divorce Requirements
Utah has specific requirements and procedures that must be followed in contested divorce cases. It is essential to understand these requirements to navigate the process effectively:
- Residency: To file for a contested divorce in Utah, at least one party must be a state resident for at least three months.
- Legal Grounds: Utah recognizes both no-fault and fault grounds for divorce. No-fault grounds are commonly used, claiming the marriage is “irretrievably broken.” Fault grounds may include adultery, cruelty, abandonment, or drug addiction. It’s crucial to consult with a South Jordan contested divorce lawyer to determine the most appropriate legal grounds for your case.
- Petition for Divorce: The process begins with one party filing a Petition for Divorce with the court. The other party must be served with the petition and be able to respond.
- Preliminary Injunction: An automatic injunction goes into effect upon filing for divorce, preventing both parties from disposing of property or making financial changes without court permission.
- Temporary Orders: In contested cases, temporary orders may be necessary to address issues such as child custody, visitation, and financial support during the divorce process.
- Discovery: Both parties may engage in discovery, which allows each side to gather evidence and information related to the case.
- Mediation: Sometimes, the court may require mediation to agree on the contested issues.
- Trial: If no settlement is reached through mediation or negotiation, the case proceeds to trial, where a judge decides on the unresolved issues.
Get in touch with our law office today to speak with a South Jordan contested divorce lawyer.
(801) 254-9450