Law

Check top Utah divorce FAQs

Despite all the good effort and intentions, some marriages do fail. This doesn’t necessarily mean the end of the road. Filing for divorce may make two people happier than they were in a failed marriage. If you decide to file for divorce in Utah, knowing the residency requirements, state laws, and your options is important. As a key step, you may consider talking to a skilled Salt Lake City divorce lawyer, who can guide further on easing the process. In this post, we are sharing top Utah divorce FAQs. 

  • What are the grounds for divorce in Utah? Are there residency requirements?

Utah allows for both no-fault and fault-based divorce, and you must have a ground for seeking divorce. In a no-fault divorce, “irreconcilable differences” is enough as a ground, while for fault-based divorces, grounds include adultery, incurable insanity, willful desertion, and willful neglect. To file for divorce in the state, either or both of the spouses must be have lived in the county for at least three months. 

  • Does Utah allow for legal separation? Is it same as divorce?

Legal separation is known as separate maintenance in Utah. This is a great choice for couples, who probably are not shutting down all means and hopes for reconciliation. In case of absolute divorce, spouses can remarry immediately, but legal separation doesn’t allow for that. A separation agreement is signed between the couple, settling all matters related to debts, assets, child custody, alimony, and other important matters. Utah allows for equitable distribution of assets in both cases. 

  • Do I need an attorney to file for divorce in Utah?

While there is no law that states that hiring an attorney is mandatory for divorce in Utah, but having a lawyer is a wise idea. Unlike in some states, the same attorney cannot work for both spouses in a divorce. Whether or not you need an attorney will depend on the facts and circumstances of your divorce. If your spouse has hired a lawyer, you may want to do the same. In any case, the role of an attorney in handling divorce matters cannot be denied. 

Meet an attorney

Don’t let your circumstances ruin your rights and interests. Talk to a divorce attorney, so that you don’t settle for anything less than what you deserve. If you are not on agreeable terms with your spouse, your attorney can mediate and negotiate as needed, so that the divorce remains as simple and less-time-consuming as possible.