Divorces are filed in Utah’s District Courts.
Residency Requirement. Before a divorce case is filed, either you or your spouse must reside in a single county in Utah for at least three months immediately before filing the divorce petition. See Utah Code Section 30-3-1. However, if the parties have a minor child together and the child has not lived in Utah for more than 6 months, then please call our office to schedule up a time to speak an attorney to see if you should wait longer than 3 months before filing your divorce case.
Marriage Requirement. It seems obvious that in order to get divorced a couple must have been married first. However, if you are not click here for more information.
Grounds for Divorce. In order for the parties to get divorced, there must be “grounds” for the divorce. Often the grounds for divorce are “irreconcilable differences”. For a list of other grounds, see Utah Code Section 30-3-1(3).
Issues in Divorce. There are many issues that need to be addressed in a divorce proceeding, the main of which are:
- Children- Child Custody, Parent-time, Child support, Dependency tax exemption;
- Spousal support (a.k.a. Alimony);
- Division of Personal property, including financial accounts, and retirements;
- Division of real property;
- Taxes; and
- Division of debts.
We encourage you to call and schedule an appointment to speak with us about your rights and responsibilities in these matters.
Mediation. If a divorce becomes contested (i.e. the respondent files an answer to the petititoner’s Divorce Complaint/Petition), Utah Law requires (unless otherwise waived) that the parties attend at least one mediation session, with a Utah Court rostered / approved mediator, to try to resolve the issues before the case can be set for trial. Mr. Barnes is a Utah Court rostered mediator, and has extensive experience not only conducting mediations, but in negotiating. For more information about mandatory mediation, see our Mediation website.
Required Divorce Education Courses. If the parties have minor children together they must attend a divorce orientation class and a divorce education class before the divorce will be granted. For more information about course locations and schedules click here.
There is also a “Divorce Education Class for Children”, designed to help children through their parents’ divorce. The class is available in Logan, Ogden, Provo, and Salt Lake City. This class is not mandatory.
Waiting Period. Utah law requires that once the divorce is filed, that 90 days must pass before the court can grant the parties a divorce. A party can ask the court to waive the waiting period, but only for reasons involving “extraordinary circumstances”. Our office has experience in getting the 90 days waived, and we can help you determine if it is worth trying to get it waived.
Conclusion of Divorce Case. Divorce cases are resolved in one of three ways: By Default of a party, by Stipulation between the parties, or by Trial. In any situation, we stand ready to help you through this difficult time. Call our office now to speak with an attorney who cares. Use the “Click-to-Call“ button above to call our office now.