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Salt Lake City Divorce Lawyers

Davis County Divorce Lawyer

Find The Right Divorce Attorney in Utah

Divorce is a complicated process, and it can be one of the most emotionally and financially challenging experiences of a person's life. In Utah, anyone going through a divorce needs to understand the legal landscape surrounding the dissolution of marriage in the state and the particular considerations that may play a role in their individual situation. As you embark on this challenging journey, a skilled and experienced divorce attorney can make the process more seamless and reduce your stress levels. While having an attorney does not mean your divorce will be entirely free of difficulty, it can make the situation more manageable, giving you peace of mind that a legal professional is looking out for you and your interests.

At Collins Rupp, P.C., our esteemed attorneys understand the intricacies of divorce in Utah. We are proud to work with our clients through each step of the legal process in a compassionate, dedicated, and professional manner.

Grounds for Divorce

Utah is unique because it is both a fault-based and no-fault-based divorce state. The fault-based reasons for divorce in Utah include:

  • Impotence - If it can be shown that the husband is impotent and therefore incapable of maintaining a sexual relationship with his spouse, this may be cited as a reason for divorce.
  • Cheating - Of course, infidelity is another reason why many spouses decide to pursue a divorce. In legal terms, this is referred to as adultery.
  • Abandonment - If a spouse has willfully abandoned their partner without good reason, this, too, may be cited as a reason for ending a marriage.
  • Neglect - If the non-filing spouse has failed to provide basic necessities for their family, this can be a reason for divorce.
  • Alcoholism - If a spouse is habitually intoxicated, the other spouse may choose to pursue a divorce.

On the other hand, you can also file for divorce on a no-fault basis, which means that you are seeking a dissolution of your marriage due to irreconcilable differences.

Requirements for Divorce

Before filing for divorce in Utah, the first thing to remember is that either party must have lived in Utah for at least three months before filing. In most cases, the divorce papers must be filed in the county where the spouse seeking the divorce lives. The divorce process typically begins when one spouse fills out a divorce petition and files and serves these papers to the other spouse. A person must let their spouse know that they have filed for divorce within 120 days of filing the petition with the court.

Child Custody

Child custody arrangements are among the most significant and emotionally charged factors to consider during the divorce process. Divorcing couples without minor children may have an easier time proceeding with a divorce, but when children are involved, things become more complex.

In Utah, the courts typically favor joint legal custody, which involves shared responsibilities between both parents. Physical custody, which details where a child will primarily reside and when they will live or spend time with each parent, will be determined based on various factors, such as employment, work schedules, school schedules, and the child's best interests. If a case involves instances of neglect, domestic violence, or sexual abuse, these factors will also be considered.

Division of Property

Utah is an equitable division of property state, meaning that assets and debts that are considered to be marital will be divided fairly between spouses during the divorce process. However, "fair" does not necessarily mean "equal." Instead, it simply means that property should be divided in a way that will protect the financial interests of both parties while taking into account factors such as the contributions of each spouse during the marriage, the income-earning capacity of each party, and other concerns that may play a role in a case.

Contact a Salt Lake City Divorce Attorney

There is no question that the divorce process can be complex. However, with the proper legal counsel, you can make it through the process and set yourself up for a prosperous and happy future. At Collins Rupp, P.C., we know what is at stake in a divorce. Trust us to be there every step of the way as you navigate this difficult time in your life. Contact our firm at 385-777-2753 for a free consultation today.

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