What is the divorce process like in salt lake city, ut aug 23
1. What is the Divorce Process Like in Salt Lake City, UT
What is the Divorce Process Like in Salt Lake City, UT
Divorce is one of the most difficult decisions an individual can make. The circumstances and
the process are never easy. Both parties involved should consider their entire situation and
do ample research on which attorney to consult. Taking advantage of the free consultation
from attorneys and consider who they want to hire. People often need advice on how to go
about the process, this includes attorneys and families. Although the steps are quite
common, the specifics vary from state to state.
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States differ in the way the divorce process progresses. Some states have a waiting period,
which is the time a couple must spend apart between their separation and the finalization
of the divorce. Each state also has specific types of forms that must be filled and the
required documents must be attached for completion of the process. The three most basic
steps one must follow to file for divorce are:
1. File legal divorce papers or the state’s standard forms and documents
2. Notify spouse of the filing of divorce – whether consensual or one-sided
3. Appear (regularly and punctually) at the divorce hearing
The different kinds of divorces are:
1. Irreconcilable differences or an uncontested divorce that is agreed upon by both
parties
2. A contest divorce which is a result of abandonment, abuse (physical, emotional,
mental), regular and extreme drunkenness of a spouse and subsequent bad
behaviour, substance abuse, adultery, bigamy or illegal marriage, or other
problematic addictions
2. What is the Divorce Process Like in Salt Lake City, UT
3. Legal separation for a specified period of time. Couples often do not share the same
room or same house. Physical proximity during this period is forbidden for a required
amount of time.
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separation.jpg
If the affected and his/her spouse can sit together and decide the terms of the divorce, it
saves them the trouble of having a judge decide these terms. This helps save them from
the long winding process and many court dates.
In order to file for a divorce in Salt Lake City, Utah, either the petitioner or the
respondent must be a resident of the state and its county where the process has been
initiated. Even members of the armed forces who are not bona fide residents of the
state and have been located in the area are allowed to start the process here. In the
case of involvement of children in the divorce process, they must have stayed with
either parent for at least 6 months in the state and its county.
The grounds for divorce must be established first: impotency, adultery, wilful desertion,
wilful neglect, habitual drunkenness, conviction for a felony, physical abuse, incurable
insanity, irreconcilable differences or living separately. It is also important to determine
whether the spouse is in agreement with the cause for divorce, as that would save a lot
of unnecessary and painful procedures. Also terms of the divorce like children’s custody,
distribution of assets, agreement on property, visitation and alimony must be agreed
upon.
Next is to determine where to file the divorce. Utah law states that divorce should be
filed in the county in which the parties live. If they live in different counties, they must
choose one and file for divorce there.
3. What is the Divorce Process Like in Salt Lake City, UT
Using the Utah Online Assistance Program (OCAP) the divorce forms can be filled and
submitted. A series of questions need to be answered to generate the appropriate forms
in Utah. A $20 fee in addition to the $360 is charged upon completion of forms.
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After that you must decide how you want to ‘serve’ your spouse, which entails providing
them with a copy of all the documents filed or are about to file. This must be done
within 120 days of filing in the county court. You can choose the serving to be done by
the Sheriff or constable, a private process server or personally.
Submit the required number of copies of your documents with the County Clerk and
comply with all court orders and procedures. Your spouse, upon receipt of the serving
documents, has 20 days to file his/her answer. After that you are both required to
attend a divorce education class (especially for those with children), one mediation
session, and filing of a divorce stipulation. After this a pre-trial conference is set up for
couples who cannot reach an agreement. If the couple is unsuccessful even at this
meeting, then they must go to trial to court.
Make sure that you do ample research before initiating this procedure, and to make
things easier, hire an attorney who will look after every requirement.
Sources:
1. http://divorcesupport.about.com/od/statedivorcelaws/a/Utah_Laws.htm
2. http://www.wikihow.com/Divorce-in-Utah
3. http://www.utcourts.gov/index.html
4. http://www.usmarriagelaws.com/search/united_states/divorce_laws/