No one ever plans to get a divorce, but it is a reality for many spouses. If you can no longer make your marriage work, you should find a skilled family law attorney who can guide you throughout this complex legal process and protect your interests. At Full Circle Family Law, an experienced Murray divorce lawyer is committed to creating innovative legal solutions and compassionate guidance during this difficult time.
Understanding the Key Legal Issues in a Divorce
There are several issues spouses must resolve during the divorce process before they can successfully dissolve their marriage. If you can reach an agreement on some of these issues, it can potentially save time in court.
Some of the key issues you must address include:
- Child support
- Spousal support
- Child custody and parent time
- Property, asset, and debt division
When it comes to matters involving children, the court bases its decisions on their best interests. Our Murray lawyers are particularly skilled in handling these sensitive divorce matters and will ensure you receive the best possible results for you and your family.
What Are Grounds for Divorce?
Many states fall into one of two categories when it comes to accepting grounds for divorce: fault-based or no-fault. In a fault-based divorce, one party alleges the other committed a specific action (like adultery) that makes the marriage untenable. In a no- fault divorce, the party filing for divorce simply cites “irreconcilable differences” as grounds for the divorce.
Although Utah allows residents to file for either a fault-based or no-fault based divorce, it is most often in parties’ best interest to file for a no-fault divorce.
Grounds for divorce in Utah include:
- If one party is impotent at the time of marriage;
- If one party commits adultery after marriage;
- If one party abandons the other for more than a year;
- If one party is willfully neglectful of the other’s well-being;
- If one party abuses substances or is an alcoholic;
- If one party receives a felony conviction;
- If one party engages in an act of cruelty, like domestic violence;
- If one party is insane (as determined by the appropriate authorities or competent witnesses);
- If the parties live apart from each other for three consecutive years without cohabiting;
- If there are irreconcilable differences in the marriage.
Whether a divorce is fault-based or no-fault can play a role in the divorce process. If a party alleges fault, the court will expect them to provide evidence of said fault in court, adding time and expenses to the case. A lawyer can help individuals in Murray decide whether it is in their best interests to pursue a fault-based or no-fault divorce.
How Does the Divorce Process Work?
The divorce process in Utah is fairly straightforward. However, whether you intend to file for a contested or uncontested divorce plays a large role in what the divorce process involves.
Contested Divorce
If you want to file for a contested divorce, the process typically looks like this:
- One party (called the petitioner) files for divorce in the county they live in. After filing for divorce, the petitioner serves papers to their spouse (called the respondent), notifying them of the divorce.
- The respondent files an “Answer” with the court, and may also file a counterpetition.
- If the respondent fails to answer within 21 days, the petitioner may file for a default divorce, allowing the petitioner to continue the divorce without the respondent.
- If the respondent does file an Answer, the parties exchange information, including statements about their finances.
- After exchanging information, the parties will attend mediation.
- If the parties fail to resolve their issues during mediation, one can file a Certification of Readiness for Trial to continue the divorce in court.
- The parties then file their proposed terms for the divorce and update information about their finances.
- If the parties still cannot resolve their divorce out of court at this point, they proceed to trial and attend a pre-trial conference.
- Finally, the court holds a trial, and the judge decides the case, laying out terms for the divorce that they deem equitable.
- The parties must then file any remaining documents.
- The judge reviews all the documents one last time, signs the divorce decree, and finalizes the marriage’s dissolution.
If a contested divorce becomes uncontested through mediation or negotiation, the parties can file a Stipulation together, transitioning into an uncontested divorce and preventing the trial process from occurring.
Uncontested Divorce
If you and your spouse agree on every key issue, such as child custody and property division, you will have an uncontested divorce. Uncontested divorce is ideal for parties with less complex finances and require less time and fewer legal fees.
The process of pursuing an uncontested divorce typically involves these steps:
- File a Petition for Divorce and a joint Stipulation laying out the terms they’ve agreed upon.
- Wait 30 days.
- File final documents.
- Have the judge sign the divorce decree, finalizing the case.
It’s important to remember that the details of every divorce are different. You should always consult your Murray attorney before making decisions during the divorce process.
Get Premier Representation From a Murray Divorce Attorney
Divorce is rarely an easy experience for anyone, but with the right legal guidance on your side, you can get through it and move onto the next chapter of your life. At Full Circle Family Law, our family law team is committed to helping clients navigate the most emotionally challenging process they will likely ever face.
We understand how overwhelming this situation can be, which is why we are dedicated to providing personalized legal solutions to help you meet your needs and achieve your goals. Given how much is at stake, you should not attempt to field your way through this on your own. Our team is prepared to help. Reach out to Full Circle Family Law today to arrange an initial consultation with a dedicated Murray divorce lawyer.