Centerville Divorce Lawyer

Experienced Attorneys Helping Spouses in Centerville, UT Navigate the Divorce Process

Divorce in Utah involves more than ending a marriage. You may need to divide a home, a business, and retirement savings, decide on alimony, and set up a parenting arrangement that works for your children. Most Utah divorces are filed on the ground of irreconcilable differences, which means you do not need to prove your spouse did something wrong.

Collins Rupp, P.C. can help you gather and review financial disclosures. We can also identify which assets are marital and which are separate. From there, we will negotiate a settlement that protects your interests. If an agreement cannot be reached, our team can present your case in court.

Requirements to File for Divorce in Davis County

To file for divorce in Utah, you or your spouse must have lived in the county where you file for at least 90 days, although certain exceptions apply. Utah also requires a 30-day waiting period after filing before a judge can enter a final divorce decree. However, the court may waive that waiting period only in extraordinary circumstances.

If you have minor children, both spouses must complete a divorce orientation course and a parenting education course. Couples without minor children can choose to opt out. The court can also waive these requirements in certain situations. Missing these steps can delay your case.

Irreconcilable differences is the most common ground. Still, Utah also recognizes fault-based grounds. These include adultery, cruel treatment, and willful desertion for more than one year.

Mediation Before a Utah Contested Divorce Trial

If you and your spouse agree on every issue, your case may move forward as a stipulated divorce, with a written agreement the judge reviews and approves. If you disagree on one or more issues, you will have to attend at least one mediation session after a response to the divorce petition is filed and contested issues remain.

A court may excuse mediation in some situations, such as when there is a history of domestic violence. We can help you prepare financial information before mediation and review any proposed settlement before you sign it.

Dividing Marital Property and Debts in Utah

Utah courts divide marital property equitably. That means it will be fair, not necessarily equal. Marital property includes assets and debts either spouse gained during the marriage. Property you owned before the marriage, or received as a gift or inheritance, is usually separate. Separate property can become marital if it is mixed with marital funds and can no longer be traced.

Some assets need closer review:

• Businesses: Divorce for business owners often involves valuing the company and deciding whether its growth during the marriage is marital.
• Retirement plans: 401(k)s and pensions may require a qualified domestic relations order (QDRO), which allows benefits to be divided without early withdrawal penalties when legal requirements are met.
• IRAs and real estate: These assets are divided through different procedures, which can affect taxes and timing.

Dividing retirement accounts, pensions, IRAs, and real estate correctly helps avoid costly mistakes. When large estates or ongoing disputes are involved, a high-asset or high-conflict divorce may also require financial professionals and formal discovery.

How Utah Courts Decide Alimony

Spousal support, also called alimony, is not guaranteed in Utah. Courts consider each spouse's income, financial needs, and ability to work, along with the length of the marriage. A spouse's misconduct, such as adultery or financial abuse, may also affect alimony.

Payments usually cannot last longer than the marriage unless special circumstances apply. Alimony typically ends if the receiving spouse remarries or lives with a new partner in a marriage-like relationship. The paying spouse must request termination based on cohabitation within one year of learning about it.

Parenting and Support When You Have Children

If you have children, your divorce must address custody, parenting time, and support. Utah courts usually favor joint legal custody, which allows both parents to make important decisions. However, concerns about abuse, safety, or your child's needs can affect these arrangements. Our lawyers can help you create a parenting plan that protects your rights and your child's best interests during your child custody case.

Child support depends on both parents' incomes and how much time the child spends with each parent. Parents may also share health insurance and childcare costs.

Contact Our Centerville, Utah Divorce Lawyer

At Collins Rupp, P.C., we make it easier to handle your divorce by offering consultations by phone or video and managing much of the paperwork and payments online. We keep you informed throughout your case and can also help with other family law matters after your divorce. With more than 100 positive client reviews, our firm is committed to providing reliable legal support. Contact our Centerville divorce lawyer at 385-777-2753 for your free consultation.