DIVORCE INFORMATION
This is a brief introduction to Utah divorce law. The intent here is to provide mediating parties with a general understanding of the considerations that would guide a court's determination of this issue. Much of this information comes from the Utah Courts web page. Please note that the mediator is unable to provide individual legal advice and will not predict specifically how a court would determine particular rights between divorcing or separating parties. As a mediating party, you are encouraged and advised to seek legal information and individual advice from the attorney and other desired experts of your choice.
What is Divorce and What are the Rules About Divorce in Utah?
A divorce ends the marriage and all direct legal relationships between the couple, except those specifically written out in the divorce decree. These may include such things as spousal support, parenting arrangements and support of children, division of property and payment of debts. The Utah divorce laws allow for no-fault divorce on the grounds of irreconcilable differences.
What If One Spouse Wants a Divorce and the Other Spouse Doesn't?
There is no way to prevent a divorce in Utah if one spouse wants one and the other one doesn't.
How Do I Get a Divorce?
A divorce is granted by a judge after the necessary paperwork has been submitted to the court and all required appearances before the judge are completed. In some cases it is not necessary to be physically present in the court to get a divorce. You may file the paperwork yourself, or obtain the assistance of a lawyer. After you and your spouse have agreed on the issues relevant to getting divorced, you can use the Utah State Courts Online Assistance Program to draft the necessary documents for $20.
Do Parties to a Divorce Need to Take Divorce Education?
After filing a complaint for a divorce and receiving a docket number, parties who have a child or children are required to attend a mandatory course on their children's needs. This divorce education course is a prerequisite to receiving a divorce decree, unless a court determines that attending the course is not feasible or in the best interests of the parties. Click here for information about Divorce Education fees and schedule.
Who Makes the Decisions About Child Custody and Support, Property Division, Special Maintenance, and Other Matters?
Utah law encourages the couples to work out these decisions between themselves a as much as possible and create a written agreement, often with the assistance of their lawyers. A growing number of people have been trained to act as mediators to assist couples in these negations. Whatever reasonable agreements the couple make, will be sanctioned by the court.
If the couple cannot agree on one or more of these issues, it will be necessary for the court to make the decision for them. In many courts, there are commissioners who specialize in divorce matters who will first hear the issues. If the matter goes to trial, the judge will make the final decision. There is no jury in divorce cases in Utah.
Divorce mediation has been mandatory in Utah since 2005 for all contested divorces.
What Can a Lawyer Do for Me?
Even a simple divorce requires many documents and may require at least one appearance before the judge. The lawyer is responsible to help you through that process. It is the lawyer's role to give you up-to-date information on laws involving children, support and property division. The lawyer acts as your advocate and assists you in negotiating an agreement that is in your best interest and that will minimize problems in the future. If the agreement cannot be reached, the lawyer will help represent you at court appearance.
Can the Same Lawyer Represent Both Me and My Spouse?
No. There is always a conflict of interest between spouses. A lawyer cannot adequately represent both sides in a divorce.
What Does a Divorce Cost?
Costs and fees for a divorce can vary greatly. As of 2008, the filing fee for a divorce is $155.00. There may be other costs such as service fees by the sheriff or constable. Some lawyers charge a flat rate for divorces, depending on the amount of work involved. Other lawyers charge an hourly fee. Contact the particular lawyer you're interested in to inquire about costs and fees, and be sure you have a complete understanding of the charges and billing rates. There are many qualified lawyers available. Be sure you find one with whom you are comfortable.
If I "Settle" My Case, Who Decides What Settlement I Accept, Myself or My Lawyer?
The client must always make the decision about settlement terms. The lawyer's role is to advise whether or not in his or her view, the proposed terms are reasonable. The lawyer is required to submit every settlement proposal to the client for the client's review and decision. If you use the services of a mediator, the client must still approve all terms of the settlement.
How Long Does is Take to Get a Divorce in Utah?
A Decree of Divorce can be granted immediately if the parties have children, have reached an agreement, and have both attended the Divorce Education Class. Otherwise, Utah law imposes a 90-day waiting period, which may be waived for good cause.
If the parties do not reach an agreement, then they must proceed to hearings and, potentially, a trial before the assigned judge. The divorce can pend for a matter of months or even the course of a year or more. Prior to proceeding to a pretrial or trial, the parties to a divorce must either engage in mediation, arbitration, or view a video tape discussing the participation in "Alternate Dispute Resolution" programs, which are designed to afford parties alternatives to court proceedings and litigation.
What are the issues that have to be settled?
Whether in mediation or through litigation, the issues to resolve include:
- Parental responsibility and time-sharing
- Child support
- Alimony
- Property and debt division (including real estate, pension, and retirement funds)
