How to begin the divorce process

If you have found yourself in a marriage that simply does not work, you may want to consider getting a divorce. However, there are There are many issues that have to be addressed during a divorce, including the separation of assets and child custody arrangements. When both parties agree on everything, a divorce can take place both quickly and smoothly. If, however, both parties don’t agree, a lawyer will need to be hired to act as a mediator. If you’ve decided you would like to get a divorce in the state of Utah, here are a few pieces of information that you need to keep in mind.

1. Have at Least 3 Months Minimum of Residency

Before you can file divorce, you and your spouse must have resided in a single county located in the state of Utah for at least 3 months prior to filing the petition.

2. Determine Your Reasons for Getting a Divorce

There are many reasons as to why you may want to get a divorce. Utah is a no-fault state, meaning if the both of you agree to divorce, then an exact reason does not have to be given, which is usually referred to as irreconcilable differences. If, however, the both of you do not agree to the divorce, you’ll need to find grounds to file the petition. Grounds that qualify for a divorce can be found here.

3. Do Your Homework on Child Custody Arrangements

If you and your ex cannot come to some type of custody agreement for your children, then a lawyer will be of great help. However, please take note that the final custody arrangement, although negotiable, is ultimately determined by a judge. And as always, a judge will choose a custody plan that is in the best interest of any involved children.

4. Plan How to Pay for the Divorce

A divorce can be quite costly, especially if you have to pay child support or alimony.  Alimony will be determined by the judge handling your case. Other expenses associated with getting a divorce include attorney fees, paying for the creation and serving of the petition, etc. Many times, if the fees cannot be afforded, a judge will waive them; however, you must prove that you are unable to pay them. If you would like more information on estimating the cost of child support, visit our website to use our child support calculator.

5. Learn About Divorce Education Classes

If you share children with the person you’re wanting to divorce, you’ll have to take a divorce education class. There will also be a 90-day period between when the divorce was filed and when it can be officially granted.

If you are considering a divorce or simply have questions on filing for divorce, call our office or visit our website for a free case estimate today. You can also visit the state of Utah website to retrieve the paperwork to begin the divorce filing process.

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