Utah Divorce Lawyers

Grounds of divorce handled by Utah divorce lawyer

  • Wife and husband have resided separately as per a decree of separate maintenance of any state in the absence of cohabitation for 3 consecutive years
  • Incurable insanity
  • Irreconcilable differences
  • Petitioner was subjected to cruel treatment by the respondent to such an extent so as to cause great mental distress or bodily injury to the petitioner
  • Conviction of respondent for a felony
  • Willful neglect to offer the common necessities of life
  • Willful desertion for more than 1 year
  • Adultery
  • Impotency at the time of marriage

Residency requirements followed by Utah divorce lawyer

  • One of the spouses must be a resident of Utah State as well as the county where the complaint has been filed
  • If the spouse is in the military, then he / she must be stationed in Utah State for minimum 3 months before filing of the complaint

Payment of lawyer’s fees

The sound discretion of the court determines which party would pay the lawyer’s fees. The requesting party must offer evidence of –

  • The reasonableness of the fee
  • The capacity of the other party to pay the fee
  • Need
Usually, the Court awards lawyer fees to be paid by the dominant wage earner. There are 3 reasons for doing so –

  • Compensation for the unfair advantage the economically dominant spouse has in the case
  • Enable the economically dependent spouse to represent the best possible case
  • Help the economically dependent partner to recover from the financially crippling fees of the lawyer
Waiting period

Between the date of filing the petition and the date of the final hearing, there must be a waiting time of 90 days. If both spouses attend the compulsory educational program for divorcing parents in Utah or present a good cause, the waiting period may be waived by the Court. This 90 day waiting period may be shortened by the Court and offer consent to proceed. When there are some critical issues like tax obligations, health insurance etc, the Court reserves the right to delay the grant of the divorce. At times, when issues like marital property are not resolved, the Court may grant a divorce. It must not be assumed that after the passage of the waiting period, the divorce would become final. For the divorce to become final, the order must be signed by a judge.

Divorce Education Classes in Utah

This state has a policy to discourage divorce and strengthen the family. In cases where the divorcing partners have 1 or more children, the partners have to compulsorily attend the divorce education class without which the divorce may not be granted. The Court demands the partners the Certificate of Completion. A notice of requirement to be present in this class must be served on the opposite party. The contents of this class are inclusive of –

  • Instruction about divorce and its effect on family relationships
  • Ongoing financial responsibilities in a divorce
  • Needs of the children in a divorce

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