Divorce in Utah: FAQ for Divorce Lawyers in Utah

Divorce Lawyer, Utah: FAQs for Lawyers Practicing Divorce and family law in Utah


DIVORCE FAQS

  • Which county can I file for divorce in Utah?

Either you or your spouse must have lived there at least 3 months before the divorce was filed. As long as this describes your situation relative to the county, you can file your divorce there.

  • If I live outside of Utah but I am a resident can I file for divorce in the state?

The rule is that you or your spouse must have been a bonafide resident of Utah for at least three months before you can file for divorce there. So the issue will be proving that you are still a resident even if you live outside Utah for the relevant period in question. But children need to live there at least 6 month otherwise Utah does not accept home state jurisdiction.

  • How long does it take to file for divorce in Utah?

90 days minimum. There is a 90 day cool out period so from filing to judgment you have to wait a minimum of 90 days in Utah.

  • What does the average divorce in Utah cost?

As in all states, the answer is that it depends. If your case is contested it will cost more than if it is uncontested. If you have children this could also pose a wrinkle or two. The court filing fees for Utah are generally fixed. You can find a state by state listing of court filing fees here at this page.

  • How much do the average Utah divorce lawyers charge?

If there is an average, I would say about $150-$350 per hour with a $$15,000 retainer.

  • How is property division handled?

Utah is an equitable distribution state. So it is going to come down to what you agree on in mediation and if not, the judge will use his or her discretion to carve everything up in a “fair” way.

  • Is there a presumption of joint custody

Yes, for the most part. The judge does not have to make a point of starting at joint custody but if it is possible under the circumstances, that is probably what will be ordered.

  • Can I get permanent alimony in Utah?

The judge will consider all the factors before him or her in making a determination about alimony. But the presumption is that both parties will have to fend for themselves after a certain point.

  • How do the courts allocate responsibility for debts?

In a “fair” manner. If it is family debt then it will probably be 50/50 or in the composition of your ability to pay based on income and networth etc. If it is debt that only one party clearly benefited from, then that party will have to pay for the debt.

 

  • Do same sex divorces get handled differently in the state of Utah?

Same sex marriage and divorce are legal in Utah.

  • Are parenting classes mandatory?

Yes. Parents are required to complete a parenting class and they are also required to get mediation to settle their differences before the judge gets involved.

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