Filing for Divorce in Salt Lake City
Learn the Laws of Utah Divorce
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 must secure skilled
legal counsel to guide you throughout this complex legal process and protect
your interests. At Full Circle Family Law in Salt Lake City, our experienced
divorce attorney is committed to creating innovative legal solutions and
compassionate guidance during this difficult time.
Reach out to Full Circle Family Law today at
(801) 658-9895 to arrange a free 30-minute case evaluation with our knowledgeable attorney.
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 visitation
- Property, asset, and debt division
When it comes to matters involving children, the court bases its decisions
on their best interests. Our divorce attorney is particularly skilled
in handling these sensitive matters and will ensure you receive the best
possible results for you and your family.
The Difference Between a Contested and Uncontested Divorce
There are generally two types of divorce – contested and uncontested.
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 couples with less complex finances and require less
time and fewer legal fees. If you and your spouse disagree on one or more
key legal issues, you will have a contested divorce and must go through
litigation to achieve a resolution. If your situation is particularly
complicated, divorce litigation can be time-consuming. An experienced
attorney will ensure the process goes smoothly and efficiently.
What Are the Grounds for Divorce in Utah?
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.
Unlike many states, Utah allows residents to file for both fault-based
and 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
- If the parties live apart from each other for three consecutive years without
- 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. Additionally, the court may make adjust
its judgment depending on the kind of fault committed.
How Does the Divorce Process Work in Utah?
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 the divorce process.
If you want to file for a contested divorce, the process typically looks
- 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 and the terms they seek for
- After exchanging information, the parties can either attend mediation,
or file an Application or Motion to Excuse Mediation if they want to avoid
the mediation process.
- If the parties fail to resolve their issues during mediation or bypass
mediation entirely, 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, however, the parties agree on terms for the divorce and wish to file
for an uncontested divorce, they must:
- File a joint Stipulation laying out the reason for the divorce and the
terms they've agreed upon.
- Wait 30 days.
- File any final documents.
- Have the judge sign the divorce decree, finalizing the case.
If a contested divorce becomes uncontested through mediation or negotiation,
the parties can file a Motion for Temporary Order. At this time, they
can then file a Stipulation together, transitioning into an uncontested
divorce and preventing the trial process from occurring.
It's important to remember that the details of every divorce are different.
You should always consult your divorce attorney before making decisions
during the divorce process.
Get Premier Divorce Representation
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 in Salt Lake City, 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.
Get started on your divorce and contact the team at Full Circle Family
Law in Salt Lake City at
(801) 658-9895 to set up a free and confidential 30-minute consultation with our trusted