Grounds For Divorce In Utah
Before you can divorce in Salt Lake City, you will have to be able to demonstrate that you have grounds to divorce under Utah state law. The grounds for divorce in this state are listed in Utah Code §30-3-1 and include:
- Impotency at the time of the marriage
- Willful desertion lasting more than one year
- Willful neglect to provide for the common necessaries of life
- Habitual drunkenness
- Conviction for a felony
- Cruel treatment to the extent of great bodily injury or great mental distress
- Incurable insanity
All of the above are fault-based grounds, which is to say that one party (the petitioner) alleges them against the other party (the respondent) as being the reason why the marriage has failed. It is also possible to obtain a no-fault divorce by demonstrating that you have legally separated for at least three years without cohabitation. No-fault divorce is also possible based on the grounds that the marriage suffers from irreconcilable differences between the spouses.
Divorce Process In Salt Lake City
The first thing you should do before taking any further action in your divorce is to hire a Salt Lake City divorce lawyer from the Law Office of David Pedrazas so that we can guide you throughout the entire process and help you avoid mistakes that could end up costing you significantly. To begin the process, we will help you with preparing your petition to divorce and filing the documents in the family law court. The respondent to the divorce is then served with the documents and must file a response within 20 days; otherwise, the court may award a default judgment in favor of the petitioner, granting all the terms requested in the petition. If the respondent agrees to the terms of the petition, the divorce may proceed uncontested by filing a stipulation. In the event that the respondent chooses to contest the divorce, the case will move forward toward a trial.
In cases of contested divorce, the court will order the parties to attend mediation prior to a trial, in an attempt to resolve the divorce without the necessity of litigation. Whether the case is resolved at this point or if the spouses have already worked to negotiate an out-of-court settlement, there is a 90-day waiting period between the date when the petition is filed and when the final decree is signed by the judge. If there are children involved, the parents are required to attend a divorce education class. Either party may request temporary orders concerning child custody, child support, parent time, possession of the shared home, financial responsibility for debts and other matters to provide stability to the situation while waiting for the completion of the divorce.
Let The Law Office Of David Pedrazas Fight For You
In the event that the case goes to trial, each party will have the opportunity to introduce evidence and witnesses and to cross-examine the evidence and testimony of the opposition, and the judge will issue a final ruling to determine the disposition of the various issues in the divorce. Whether you are involved in a contested or uncontested divorce, contact our firm now for a free case evaluation to discuss your concerns and allow us to begin working on a strategy for you!