Ogden Utah Contested Divorce Attorneys
In the state of Utah, there are two distinct types of divorce: contested and uncontested. A contested divorce is far more complex than an uncontested divorce due to the necessity of the court to resolve all disputes between the former spouses. There are also other matters pertinent to contested divorce, such as a higher legal and court fees and a longer divorce term. Although it’s always better for a married couple to get an uncontested divorce, this isn’t always possible. It’s important to understand the laws of divorces that are contested in the state and what entails the procedure.
Prerequisites to Filing for Divorce
First and foremost, if you are planning on filing for divorce in Utah, you or your spouse must meet the residency requirements. At least one spouse must have resided in the state for a minimum of three months before you can file. If the marriage produced children and the child is a minor and there is an issue of custody, the child must have lived with at least one parent for at least six months. However, there are exceptions to that rule.
Utah is also a no-fault divorce state, which means a spouse does not have to provide a reason for wanting a divorce other than citing irreconcilable differences.
Instructions for Contested Divorce
There is basic information that must be provided by the party filing for divorce whether it is contested or uncontested. One spouse files the petition for divorce while the other spouse is served by a representative from the Sheriff’s office. In addition to the petition, the party also receives a Summons, which gives the individual directions about what to do if they don’t agree with the terms listed in the petition. If the person being served disagrees with what’s in the petition, they are required to file an Answer with the court clerk and send a copy to their spouse’s attorney.
From the time of the divorce process begins until it completes, the court can issue temporary orders on various matters, including alimony, child custody, child support, visitation and other issues. The reason the orders are temporary is because they will again be reviewed by the court once the trial or hearing is scheduled to take place. At that point, final orders will be decided on these matters and are included in the divorce decree.
When one party wants to seek child custody, they must do so while the divorce action is taking place. It is the wrong time to do this once the divorce is finalized. Overall, the court always puts the best interests of the child at the forefront of its decisions regarding child custody. A variety of elements can go into what exactly constitutes the best interests of the child. As a result, it’s often necessary to get a custody evaluation performed by a psychologist who holds a Ph.D.
If a spouse wishes to return to their former last name from before the marriage, it must be included in the petition. There should be a statement in the petition and decree that indicates the individual wants to change their name. It should include their complete legal name to be restored and that will be used again after the divorce is final.
Once you know the process of a divorce that is contested in Utah, you can know what to expect. You can also ensure that you file or include all the necessary information in a smooth, timely manner.
Schedule Your Consultation Today with an Ogden Contested Divorce Lawyer
Conveniently located in Downtown Ogden, just around the corner from both the Ogden District and Ogden Justice Courts, Kaufman, Nichols & Kaufman is easily accessible by bus or car from anywhere in Weber County. If you need the help of an experienced divorce lawyer to find a real solution to a serious divorce or custody dispute, call Kaufman, Nichols & Kaufman locally at (801) 752-0499, or contact us by e-mail now.