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Divorce FAQs – Frequently Asked Questions for A Utah Divorce

Divorce faqs

Do I Really Need to Hire a Family Law Attorney?

Even if you and your spouse agree that divorce is best for you, it will be beneficial to have an expert guide you through the process. Even if a divorce is amicable, an attorney can take the necessary actions to advise you on things and situations that may come up in the future. An attorney can also help educate you about what you’re legally entitled to, make strategy recommendations, and help prepare documents. Having a Utah Divorce attorney is especially important if children are involved.

How Much Will a Divorce Cost?

Like so many things in life, the answer to this is that it depends. There is a fee to file the petition for divorce, there are fees for the court assistance program, fees for the Office of Vital Records and Statistics, fees to have the petition and summons filed, copying fees, and then if children are involved, there are also Divorce Education classes and Divorce Orientation classes.  Then, there is the attorney fee which can vary depending on how long the entire process lasts.

How Long Will My Utah Divorce Take to Be Finalized?

According to Utah law, the time between the dates of the petition was filed for the divorce and the final decree must be at least 90 days.  That time can be altered for situations such as child custody, arbitration and/or mediation.  The more disagreements, the more likely a divorce is to be extended.  Once the divorce is final, neither party can remarry for at least 30 days.

Can I Get an Annulment in Utah?

In certain circumstances when a married couple decides to end their union, an annulment can be obtained.  When an annulment is granted, it is as though the marriage never happened in a legal sense.  Some considerations for an annulment:

  • There is no time frame or time limit before a Utah couple can file for an annulment.
  • Annulments are allowed for two people who are not legally allowed to get married due to their relationship, i.e. a brother and sister.
  • If a couple married prior to May 3, 1999 and one was under 14 years of age, or if married after May 3, 1999 and one party was under 16 an annulment may be granted.
  • If a person was married while still legally married to a second person, therefore creating a bigamous marriage they may be granted an annulment.
  • If one party in the marriage was under 18 and did not have parental consent.

What Are Legal Grounds for Divorce in Utah?

Utah is a no-fault state when considering divorce, therefore, legal grounds are not required to file for divorce.

What is Divorce Mediation in Utah?

Mediation is a step required for couples filing divorce to attempt to come to an agreement regarding issues of a divorce with the help of a neutral 3rd party divorce mediator. If both people in the divorce can agree on issues such as the division of assets/debts, the child support agreement, custody of children, alimony, then a judge will sign off on a divorce, and neither party will need to go to court. If an agreement cannot be reached in mediation, then a trial will be set.

If you have questions that aren’t listed with our Divorce FAQs, Contact the Utah Divorce Attorneys at Wall & Wall

Often people find that the only thing more difficult than divorce is a complicated divorce.  For experienced help from professional family law attorneys, complete the contact form on this page to book a free, no-obligation 30 consultation to discuss your case.

Should I Move Out During My Divorce

If you and your spouse cannot come to an agreement regarding who will be staying in the house during the divorce proceedings, you need to do three things. Click here to learn more.