Understanding (No-Fault) Uncontested Divorce Laws in Ogden
A no fault divorce is a legal action that allows the couple to dissolve their marriage without a court trial. Utah law allows a couple to file for this type of divorce if they have lived separately for three consecutive years, or they can show irreconcilable differences.
Although this type of legal action was established to help couples end their marriage without a prolonged court case, some no-fault actions may require that one part establish fault as part of the divorce. This generally happens when there is a dispute over assets, custody or parenting obligations, or alimony issues.
Divorce Disputes Will Require The Help of a Divorce Attorney
Although Utah allows no fault divorce to be filed by the individual parties without the assistance of an attorney, if there is going to be any disputes in the case, legal representation is necessary. Hiring an attorney is the best way to protect your rights in a divorce action.
If there is a dispute over the division of assets, you will have an at fault divorce action. You will need to show the court why the current division of assets is not fair.
In most cases, the division of assets is 50/50 for all marital assets. However, if one party can show that the marital assets were being squandered, such as on gambling, infidelity, or drug or alcohol use, the court may find that the harmed party is entitled to more in the division because the other party has used so much of the assets already.
Utah courts believe that each parent has an equal responsibility to the children of the marriage. However, if one parent feels that the other parent is a danger to the child, a petition can be made to the court to change the child custody or terms of the parenting agreement.
Drug or alcohol abuse, criminal activity, or physical abuse are all leading causes for an at fault divorce action concerning child custody and parenting agreements. You will need to work closely with an attorney on this issue. The courts only want the best possible outcome for the children, and you must show cause to limit the parental rights of the other parent.
It is the duty of the court to award alimony if it is shown that one spouse is in need of support after the dissolution of marriage. If there is a dispute about the alimony, wither party will have to show cause, or prove fault, as to why the alimony is wrong.
An alimony dispute can be filed by either party, and for a variety of reasons, You will need to work with an attorney to show cause as to why the alimony decision was unfair.
No Fault Is Still The Preferred Type of Divorce
No fault divorce is still the most preferred method of ending a marriage. It is less traumatic for both parties and the children involved. The case can proceed much faster, and both parties can begin to emotionally heal sooner.
Working with an attorney can help you through the no fault process and help avoid any disputes or causes of action. It is a faster and more economical way to end a marriage.
It is important to seek experienced legal counsel, even in an amicable or uncontested divorce. The Ogden Divorce Law Firm of Kaufman, Nichols & Kaufman can provide you with much needed assistance to see that your divorce is finalized in a cost-efficient and expeditious manner. Contact us online or by calling (801)752-0499, we are ready to help!