At Howard, Petersen & Lewis, we may be known as premier Provo personal injury lawyers, but we also specialize in family law in Utah. One of the issues that our clients come to us to settle is divorce.
Grounds for Divorce
Divorce in Utah is based on either fault or no-fault grounds. No-fault grounds for divorce means that there were “irreconcilable differences” that resulted in marital breakdown. Whereas, the fault grounds for divorce include adultery, willful desertion or neglect, incurable insanity, or cruelty.
Residency Requirement and Waiting Period
To file for a divorce in Utah, at least one of the spouses must be a resident of the state for new less than three months.
After filing for a divorce, the court must wait at least 90 days before it can finalize the divorce. However, temporary orders and other hearings can take place within the 90 days. Though if there are children involved in the divorce, the 90-day wait period is replaced with a mandatory education course and present the certificate of completion to the judge before the divorce is granted. The judge can also waive this requirement.
Equitable distribution is the approach to property division issues in Utah divorce. This means that the court will divide the property equitably between two spouses, not necessarily equally. The property acquired during marriage will be divided, but anything acquired separately, before the marriage or as a separate gift or inheritance, is not divided.
When determining whether alimony is to be awarded, the judge will consider the length of the marriage, the financial condition and resources of both spouses, whether the parent receiving the alimony also has custody of minor children, and even the fault of the parties, if applicable.
The court determines the amount of child support by looking at both parents’ gross incomes, the amount of time spent with the child, and whether the part is supporting any other children. Child support is calculated to care for a child’s physical, emotional, and mental health.
The court must consider the best interests of the child when making a decision on child custody. This means that a court looks at the parents’ past conduct, and how each of them would handle a relationship between the child and the other parent. If the child is over 16, the child’s own preference is also considered.
Above are the basics of divorce cases. For more information, advice, or representation, click here or call the UT attorneys of Howard, Lewis & Petersen today at (801) 373-6345. Posted by: on: May 28, 2014 @ 04:53Posted May 28th, 2014