Ogden Divorce Attorneys Focused on Protecting Your Rights
In Utah, if you are looking to end your marriage, it’s important to know the laws. You also need to know the procedure that goes into divorcing your spouse as well as the matters to be settled during it. It’s also wise to hire an experienced divorce attorney before you file your petition.
What is Ogden Utah Divorce Law?
For disillusioned marriages in the Ogden area, it is important to understand how the law in our state defines divorce. To get divorced in Utah you or your spouse must reside in a single county in Utah for at least three months immediately before filing the divorce petition. Utah Code Section 30-3-1. If custody of a minor child is an issue, usually the child must reside with at least one of the parents in Utah for at least six months, but there are exceptions.
Grounds for Divorce in Ogden Utah
Utah is a no-fault state, which means you can simply state irreconcilable differences for dissolving your marriage. You do not have to prove that one spouse is at fault for the breakdown of the marriage. There are however a few legally relevant grounds for divorce:
- Impotency of the respondent at the time of marriage
- Adultery committed by the respondent subsequent to marriage
- Willful desertion of the petitioner by the respondent for more than one year
- Willful neglect of the respondent to provide for the petitioner the common necessaries of life
- Habitual drunkenness of the respondent
- Conviction of the respondent for a felony
- Cruel treatment of the petitioner by the respondent to the extent of causing bodily injury or great mental distress to the petitioner
- Incurable insanity
- When the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation
Prior to Filing
It’s important to know that Utah has certain residency requirements regarding your ability to get divorced. You or your spouse must have been a resident of a county within the state for at least three months prior to filing the petition. If you have a minor child and there is a custody issue, the law states that the child must have lived with at least one parent for at least six months. At the same time, there are certain exceptions to that rule. For an overview of the divorce process and projected timelines, you can refer to the Utah Roadmap for Divorced Cases or contact our divorce attorneys at KNK Law.
Petition and Summons
When one spouse decides they want to legally end their marriage, they are required to file certain paperwork. Specifically, they must file a petition for divorce with the court in their county. A summons is also served to the other spouse to notify them of the action. Included in the petition are matters relevant to the marriage, including alimony, child custody, child support, division of property and assets and anything else that’s pertinent. The spouse who receives the petition and summons is required to file an answer within a set period whether they agree with the terms in the petition.
Before the process is complete, there are often temporary orders handed down by the court to offer relief in the form of spousal support, child custody and child visitation. These are in place to provide relief until the divorce is finalized. In most cases, a hearing is held during which a judge will determine the temporary orders to be provided. Once the marriage is officially declared over, there are permanent orders instituted.
If there are any issues within the process of getting divorced, the court will order the parties to enter mandatory mediation. At least one session must be completed before the case can proceed. It is a good idea to have a divorce attorney on your side during this process although mediation is generally a way to come up with a civil solution that works for both parties and their children.
If the spouse who took the other person’s name after the marriage commenced wishes to return to their previous name, they can do that. This should be indicated in the petition stating that they wish their name to be changed back to their former complete legal name after the finalization.
There are also other matters such as child custody, which often require an evaluation if there are minor children within the marriage. An evaluator will ultimately make their recommendations based on the conclusions they reach with the judge. Overall, this matter takes into consideration, first and foremost, the best interests of the child.
Contact an Ogden Divorce Attorney
Ultimately, when both parties agree over everything included in the decree, the case will move to trial. Each party should have a divorce lawyer representing them. An experienced divorce attorney at Kaufman, Nichols & Kaufman ensure that all the terms included in the petition are met and that no disputes arise during the process. Helping our clients to get the decision that they deserve is our top priority here at Kaufman, Nichols & Kaufman. Contact our divorce attorney team today to set up a consultation.