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.