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In Need a Divorce Lawyer In Salt Lake City & Park City, Utah?


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Divorce Attorneys in Salt Lake City & Park City, Utah

Divorce can be as seamless and efficient as possible with help from divorce lawyers in Salt Lake City. Although some divorces are easier to resolve than others, ending your marriage does not need to be difficult. With help from Just Law Utah, you can employ various strategies to serve the best interests of your entire family.

How Can a Divorce Lawyer in Salt Lake City Help Me?

Salt Lake City is home to about 83,000 families with an average household size of about 2.5. The divorce rate in Utah is about 9%, suggesting that many of these households may have experienced ending marriages at some point. If you find yourself facing divorce in Salt Lake City, you are not alone. Not only have many other couples faced similar challenges, but you can also get help from qualified family law attorneys in Utah.

These lawyers can assist divorcing spouses in a number of different ways:

  • Helping spouses negotiate the terms of their divorce without going to court.
  • Helping spouses prove neglect, abuse, violence, and other forms of misconduct.
  • Helping parents fight for custody rights as they approach divorce.
  • Helping spouses receive their fair share in alimony.
  • Helping spouses avoid paying too much in alimony.
  • Helping parents negotiate fair child support agreements.
  • Helping spouses choose between an uncontested and contested divorce.
  • Representing spouses during divorce trials.
  • Helping spouses divide marital property in a fair, equitable manner.
  • Helping to mediate divorce negotiations.
  • Helping draft separation agreements.
  • Filing documents with the family court.
  • Appealing decisions.
  • Gathering documents and evidence.

Types of Divorce in Utah

There are a few different types of divorce in Utah. In some cases, spouses will have the opportunity to choose a specific type of divorce based on their best interests. In other situations, spouses will have no choice but to pursue a specific type of divorce due to their limitations.

One of the main distinctions is between “uncontested” and “contested” divorce.

  • Contested Divorce: During a contested divorce, spouses pursue a trial because they are unable to resolve their differences through negotiation or mediation. When spouses reach these impasses, litigation is the only way to resolve issues such as child custody and property division.
  • Uncontested Divorce: In an uncontested divorce, spouses are able to agree upon the terms of their divorce. This is often thanks to a negotiation or mediation process behind closed doors. If there are no disagreements between spouses, they can avoid divorce trials altogether.

Another major distinction in Utah is the difference between “fault-based” and “no-fault” divorce.

  • No-Fault Divorce: As the name implies, neither spouse will allege fault in this type of divorce. Instead, spouses mutually agree that the marriage is unsalvageable due to irretrievable differences. In other words, the marriage just isn’t working out. No further evidence is required by the court, making this process easy and straightforward.
  • Fault-Based Divorce: In this type of divorce, spouses allege that the marriage broke down for a specific reason. These are known as “grounds” for divorce. Examples include desertion, substance abuse, and adultery. If spouses wish to pursue this type of divorce, they must prove that the alleged misconduct actually occurred. This makes fault-based divorce more time-consuming and complex.

There may also be various strategies and options available to spouses within these various categories. For example, an uncontested divorce may be resolved through either mediation or collaborative law.

Can Divorce Attorneys in Park City Help With Mediation?

Many divorce attorneys are trained, qualified mediators. A mediator is someone who facilitates negotiations during an uncontested divorce. It may be helpful to think of mediators as “referees.” Just like referees, mediators must be balanced, fair, and unbiased. They must not give preferential treatment to one spouse over the other, and they always strive to serve everyone’s best interests.

During negotiations, a mediator can help spouses compromise and reach common ground with one another. They may also help spouses express their needs and desires in less combative terms, allowing for more productive negotiations. For example, a spouse might initially state that they want the family home. But with help from a mediator, they may express their need to have reliable housing instead. This needs-based approach leaves more opportunities for compromise and mutual understanding.

At the end of the mediation process, a divorce attorney in Utah can help spouses draft their separation agreement. This agreement then goes before a judge during a hearing, and the divorce can be finalized without a trial.

How Does Child Custody Work in a Utah Divorce?

Generally speaking, the family court in Utah favors joint legal and physical custody. This means that each parent will spend equal amounts of time with their children (physical custody) while exerting equal decision-making authority over the child-raising process (legal custody).

However, the court may also decide that one parent should have primary physical custody, legal custody, or both. If a parent loses physical custody or legal custody, it generally means that the court is concerned about the child’s best interests.

This may be due to a range of factors, including:

  • Past instances of violence, abuse, neglect, and other misconduct.
  • Substance abuse problems.
  • Distance between family homes.
  • The ability of each parent to care for and support their children.
  • Any other factor the court sees as important.

If you would like to learn more about how child custody works, be sure to book a consultation with a divorce lawyer in Park City.

How Does Property Division Work in Utah?

Like most other states, Utah follows a system of equitable distribution. This means that marital assets will be divided in an equitable manner based on factors that the court considers relevant. On the other hand, separate assets will remain untouched. Marital assets include all property acquired during the marriage, while separate assets include assets acquired before or after the marriage. Separate assets may also include inheritance and gifts. If you would like to learn more about the property division process in Utah, be sure to book a consultation with qualified divorce lawyers in Park City.

How Does Alimony Work in Utah?

Alimony is a form of financial support provided from one spouse to the other after the divorce. This is common when there is an income disparity between spouses. However, a spouse may lose their access to alimony if they engaged in adultery, violence, or financial misconduct during their marriage. If you are curious about the details behind alimony in Utah, be sure to get in touch with a divorce attorney in Salt Lake City.

How Long Does a Divorce Take in Utah?

The waiting period for divorce in Utah is 30 days. This means that you must wait about a month after filing before moving forward with the divorce process. From there, there is no easy way to tell how long your divorce will take since each divorce is different. For a more accurate estimate, consider getting in touch with divorce attorneys in Park City.

Get in Touch With Divorce Attorneys in Salt Lake City Today

If you are ready to get started with your divorce, do not hesitate to book a consultation with Just Law Utah today. We have offices conveniently located in Park City and Salt Lake City, making it easy for Utah residents to get in touch and get started. Call 801-274-7000 today and begin the process of an easier, faster, and more civilized divorce. We have helped numerous spouses approach and resolve their ending marriages with dignity and efficiency, so get in touch now to begin the process.

Every Divorce is Different

Just like how every marriage is different, every divorce has its own complexities and subtleties. It is important to hire someone who will treat your divorce like the unique and difficult situation it is.

Whether your divorce is messy and needs a courtroom settlement with a judge, or you are splitting amicably through mediation, our team is available to provide you and your family with personalized service available. We have handled hundreds of divorces professionally and personally, and we are dedicated to making sure that you get the best outcome possible. We are results-driven and family-oriented, so you know that you can trust us to get your family back on track and ready to move on.

Call 801-274-7000 or contact us online now to set up a consultation with our experienced team.

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Frequently Asked Questions for Salt Lake City & Park City Attorneys

If my spouse doesn’t want a divorce, but I do can they stop it?

No, you only need one party wanting a divorce to get divorced. Even if they do not agree to the divorce, it will continue.

How long do I have to live in Utah in order to file for divorce in the state?

One party needs to have lived in Utah for at least three months to be able to file. One party must also have been living in the county they wish to file in for at least three months. Meaning if you have lived in Utah for years but recently moved from Davis County to Salt Lake County, you will have to wait until you’ve lived in Salt Lake County for three months before you file with their courts.

Does getting a divorce impact my credit score?

No, getting a divorce or changing your marital status to single does not impact your credit score directly. It is important to get an idea if your spouse is paying any bills or credit cards that are in your name, so you can be prepared to take those over in order to avoid missed payment which will affect your credit score.

How does a divorce affect my child’s health insurance?

When you are planning to get divorced and going through the process the day before the divorce decree is signed ex partners and step children must be taking off the primary insurance. If you and your child were on the insurance plan of your ex, and your child is not their child, then you would need to make arrangements to get health insurance for the both of you. If your child is your ex’s child, then that child may be able to stay on their insurance policy. Insurance policies for children that are biologically or adopted by both parties are addressed during the divorce process.

What is the most common reason for divorce in Utah?

Since Utah is a no fault state, you don’t have to have a specific reason as to why you want to get a divorce. Because of this the most common reason stated for divorce is irreconcilable differences.

After a divorce do I have to change my name back to my maiden name?

After you get a divorce you do not legally have to change your name. You have the option to keep your ex’s name, create a new last name, or revert back to your maiden name. Many people do keep their same last name if they have children as they feel it makes things easier.

How can I help my Salt Lake City divorce lawyer?

To help the process with your divorce lawyer you will want to come prepared. Have a list of all your debts, assets, property, and you finances. Your attorney may also ask for your paystubs and employment information. If you have children from your marriage it is also important to tell your lawyer about any parenting plans you have already thought of. Being as honest, forthcoming, and cooperative with your attorney is important.

Are divorce records public in Utah?

No, the divorce records themselves are not public records, meaning only the parties who filed and their lawyers have access to the divorce records. If you file a motion it could be public record unless you file it specifically as a private document.

If I was married for less than a year can I get an annulment rather than a divorce?

No, the length of your marriage is not a factor for getting an annulment in Utah. To get an annulment in Utah you have to have one of the following requirements.

  • You were married to someone who’s divorce was not finalized at the time of marriage
  • One party was under the age of 18 at the time of marriage before 2019. One party was under the age of 17 and there was no parental consent for a marriage after 2019.
  • The marriage was between two people who were two closely related

Who gets to keep the rings in the event of divorce in Utah?

In the event of a divorce each person gets to keep their own rings. Since they are considered gifts each person keeps their own. It doesn’t matter how long or short you were married for.

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