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Finding divorce lawyers in Utah is a fairly simple process. Many of these lawyers in UT advertise their services over the internet, local newspapers, local television programs, and other forms of media. If you know someone who has recently gone through a divorce relatively smoothly, it may be a good idea to get a recommendation for a good lawyer. A good Utah divorce lawyer will try their best to keep the divorce out of litigation.
UT Divorce Lawyer : Grounds for Divorce in Utah
There are numerous ways to go about initiating a divorce in the state of Utah. The reasons for divorce almost always fall in the following categories, and these are all options and scenarios you should discuss with your divorce lawyers in Utah :
1) Irreconcilable differences of the parties
2) Impotency (sterility) at the time of marriage. For this reason, the party must usually be unaware of condition at the time of marriage.
3) Adultery committed after the marriage was installed.
4) Willful desertion of a spouse for more than one year.
5) Willful neglect to provide common and reasonable necessities for spouse.
6) Habitual and reckless drunkenness.
7) Conviction of a felony.
8) Mental or physical injury or abuse toward other spouse.
9) The spouses have lived apart for at least three years while under a decree of separate maintenance.
10) Proof of incurable insanity. This reason usually has to be evaluated and approved by the medical expert.
Procedures to Discuss with your Utah Divorce Lawyer
First, you should discuss what options you have with your divorce lawyer in UT. Are you looking to get separated, or are you trying to obtain an annulment? These are options other than a divorce decree, and involve different steps than an uncontested divorce.
If you want to discuss a decree of separate maintenance with your lawyer in UT, you need to discuss reasons you want a separation. The proceedings to obtain a legal separation in the state of Utah are often similar to the measures needed to enact a divorce, so discuss if you fall under the following categories with your lawyer:
1) Has one spouse left the other spouse without good and substantial cause?
2) Has one able spouse neglected to provide clear support for the other spouse?
3) Does one spouse admit to living completely separate from the other spouse?
Another possibility to discuss with your divorce lawyer in Utah involved an annulment. There are strict grounds associated with an annulment, and make sure your Utah divorce lawyer in knows these regulations. To file for an annulment, there must be evidence of the following:
1) Lack of Capacity- this means the other party was incapable of marrying at the time of marriage. Some valid reasons involve the other party being too young (under the age of 16 and without parental permission if under 18), still not divorced by time of other wedding ceremony, or too drunk to know what they were doing.
2) Fraud- this means the other party lied to the other party in order to seek a marriage. A case in this scenario might include a woman telling a man she is pregnant with his child for reasons to marry him and is not actually pregnant.
3) Lack of Disclosure- this reason states that a party did not disclose important or serious information to the other party at the time of marriage. Reasons might include previous marriages, children, or criminal history.
4) Incest- this type of annulment is granted if two parties are closely related. In the state of Utah, a relationship is incestuous if the two parties are blood relative and first cousins or more closely related.
If the above circumstances are proved unsatisfactory between you and your UT divorce lawyer, you’ll want to discuss what actions need to be taken in order to proceed with a divorce.
UT divorce lawyer : Steps and Regulations for Divorce Utah
If you believe your spouse is willing to go ahead with a divorce, it’s best to discuss the possibility of an uncontested divorce with your UT lawyer. An uncontested divorce usually involves the other spouse agreeing on every detail of the divorce (usually referred to as divorce by agreement). Another possibility for an uncontested divorce is if the other spouse decides not to enter into a litigation to argue for the outcome.
It is important to discuss the following information with your divorce lawyer. The state of Utah may require that the two spouses attend counseling before a divorce is finalized in order to establish if the marriage can still stay together or to relieve pressures involved with the divorce process.
The state of Utah also requires a “Divorce Parenting Education Class” if the spouses have children under the age of 18. The classes aim to instruct the parents how to handle the divorce with the children, talk with their children about the scenario, and help ease and help the children. The class is usually held over a couple of days. The parents are required to attend, but do not have to attend the class together in most cases.
It is important to discuss these classes with your divorce lawyer in Utah . Also ask your lawyer if he or she can create a layout and/or timeline for the divorce process. It can and often is a lengthy process, so it’s important to discuss the following procedures with your Utah divorce lawyer :
1) Submit a divorce complaint to your local state court clerk. A listing of courthouses can be found on the Utah State Court’s official government website.
2) If your spouse agrees to proceed with the divorce, he or she must submit an Acceptance of Waiver to the same court.
3) The clerk will then file several forms which require complete cooperation from both parties in order to initiate an uncontested divorce. Discuss these legal proceedings with your UT divorce lawyer.
4) If everything goes smoothly, the judge will sign a Findings of Fact & Conclusions of Law form. You should encourage your Utah divorce lawyer to avoid litigation and have both parties come to an agreement over valuables, child support, etc.
5) The Decree of Divorce form officially terminates the divorce, and a Notice of Entry Decree is signed and mailed to the other spouse.
6) If the two parties have children, additional paperwork must be filed. These forms include a Child Support Worksheet, Location Information, and a Statement of Compliance form. Certificates of Attendance are also required for parents who attended the Divorce Parenting Education Class.
All of these steps are essential in the divorce process, and you should talk with your Utah divorce lawyer before going ahead with any procedures.