Family Law - Filing For a Divorce When Your Spouse Doesn't Want One
You and your spouse have decided to get a divorce. But, what do you do now? Many people don't know what to do next. This how-to guide should serve this purpose for you and your spouse. It should help alleviate some of the stress and worry you face when going through a divorce in Utah.
There are many different reasons to get a divorce. The state of Utah has set forth its own specific laws concerning divorce. One important thing to consider is that there will never be a jury for any divorce case in Utah. The Utah Divorce Court allows a couple to get an official no-fault divorce. The grounds for a no-fault divorce could be as simple as irreconcilable differences. Utah state divorce laws cannot prevent a divorce if one spouse desires the divorce and one spouse does not.
The state of Utah also offers Divorce Education Classes. These classes offer divorce education for parents, as well as for children. Once you and your spouse have decided to get a divorce, you will need to fill out all appropriate paperwork. You can go to utcourts.gov to get the necessary paperwork. It is also extremely helpful to seek the assistance of a Divorce Lawyer in the state of Utah. These lawyers specialize in Utah divorce proceedings and are the best resource to help you fill out necessary paperwork and give legal counsel concerning your particular case. Utah also offers a computer program, Quick Court, which is an easy way to fill out the divorce application.
There is a cost associated with filing for divorce in the state of Utah. This fee is $310 for the first filing and $115 for a counterclaim. Of course, there will be additional fees according to which lawyer you decide upon.
Utah state law strongly encourages each couple seeking a divorce to settle decisions concerning the dividing of debt/assets, child custody and more between themselves. In most cases, the couple and their lawyers will draw up an agreement. Mediators are also used to help draft resolutions between the two parties. Any agreement reached in mediation or otherwise will be sanctioned by the Utah state court.
In some instances, a couple cannot reach an agreement outside of court. The court will make the decision for them in these situations. Specialized divorce commissioners will sometimes hear the dispute. If the dispute goes to trial, the judge will hear it and make the final decision.
After all of your paperwork has been filled out and submitted, you will need to appear before the judge. These appearances may not require you to be in attendance physically, depending on your particular circumstances.
Obtaining a divorce can be a stressful time for you, your spouse and your children (if any). Choosing the right Utah Divorce attorney can make this time as stress-free as possible. This how-to guide should also help you understand the process of getting a divorce in the state of Utah.
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