Salt Lake City Divorce Lawyers

Helping You Through the Divorce Process in Utah

Divorce is a challenging experience that can be emotionally draining and legally complex. Whether you're facing a simple or a highly contested divorce, our experienced Salt Lake City divorce attorneys at Pearson Butler are here to guide you through the process. We understand the unique challenges that Utah residents face during divorce, and we're committed to providing compassionate and strategic legal counsel to help you achieve a favorable outcome.

With a deep understanding of Utah family law, our divorce attorneys in Salt Lake City will work diligently to protect your rights and advocate for your best interests. From property division and child custody to spousal support and other complex issues, we'll provide the clear guidance and support you need to navigate the divorce process with confidence.

For an initial consultation with our Salt Lake City divorce attorneys, call (800) 265-2314 or contact us online.

Utah Divorce Laws

Utah is a no-fault divorce state. This means you do not need to prove that your spouse did something wrong to get a divorce. Instead, the primary ground for divorce in Utah is "irreconcilable differences." This means that the marriage has irretrievably broken down, and there is no reasonable prospect of reconciliation. You do not need to prove that your spouse was abusive, unfaithful, or neglectful to get a divorce.

Here are the common issues each party must resolve in a Utah divorce agreement:

• Division of Property: Utah is an equitable distribution state, meaning marital property is divided fairly, but not necessarily equally. Marital property typically includes assets acquired during the marriage, while separate property generally includes assets owned before the marriage or acquired by gift or inheritance during the marriage.
• Child Custody and Child Support: Utah prioritizes the child's best interests when determining custody arrangements. Both parents are encouraged to maintain a relationship with the child unless circumstances such as abuse or neglect dictate otherwise. Child support in Utah is calculated based on state guidelines, taking into account factors such as income and parenting time.
• Alimony (Spousal Support): Utah courts may award alimony to either spouse based on factors such as the length of the marriage, each spouse's earning capacity and financial needs, and the standard of living during the marriage.

Contested vs. Uncontested Divorce

A divorce can be either contested or uncontested, depending on the level of agreement between the spouses. In an uncontested divorce, both parties agree on all aspects of the divorce, such as property division, child custody, child support, and spousal support. This type of divorce is generally faster and less expensive, as it avoids the need for court hearings and lengthy legal battles.

On the other hand, a contested divorce occurs when one or both spouses disagree on one or more issues related to the divorce. This can lead to a more complex and drawn-out legal process, often involving court hearings and negotiations. Contested divorces can be more stressful and costly, as legal fees and court costs can escalate.

To ensure a smooth and efficient divorce process, regardless of whether it's contested or uncontested, it's advisable to consult with a divorce attorney in Salt Lake City. An attorney can provide valuable guidance, protect your rights, and help you navigate the legal complexities involved.

Divorce Process in Utah

The divorce process in Utah typically involves several steps:

1. Filing the Petition: The process begins with one spouse (the petitioner) filing a Petition for Divorce in the district court of the county where either spouse resides. The petitioner must meet Utah's residency requirements, which usually entail being a resident of Utah and the county where the petition is filed for at least three months.
2. Service of Process: After filing the petition, the petitioner must serve the other spouse (the respondent) with a copy of the petition and a summons. Service can be accomplished through personal delivery by a process server, certified mail with return receipt requested, or through acceptance of service by the respondent's attorney.
3. Response: The respondent has a specified period, typically 21 days after being served, to file a response to the petition. In the response, the respondent may admit or deny the allegations in the petition and may also assert any counterclaims or defenses.
4. Temporary Orders: If necessary, either spouse may request temporary orders from the court to address issues such as child custody, child support, spousal support (alimony), and the use of marital property during the divorce process. Temporary orders help establish stability and structure while the divorce proceedings are ongoing.
5. Discovery: Discovery is the process by which both spouses exchange information and evidence relevant to the divorce, including financial documents, property valuations, and other pertinent records. Discovery methods may include interrogatories (written questions), requests for production of documents, and depositions.
6. Negotiation and Settlement: The spouses, often assisted by their attorneys, may attempt to negotiate a settlement agreement addressing all issues related to the divorce, including property division, child custody, visitation, child support, and alimony. If the spouses can reach an agreement, they can submit it to the court for approval.
7. Mediation: In many cases, Utah courts require divorcing spouses to attend mediation to attempt to resolve disputes outside of court. Mediation involves a neutral third party (the mediator) facilitating discussions and negotiations between the spouses to reach a mutually acceptable resolution.
8. Trial: If the spouses are unable to reach a settlement through negotiation or mediation, the case will proceed to trial. At trial, each spouse presents evidence and arguments to the judge, who then makes decisions on unresolved issues based on the evidence presented and applicable law.
9. Final Decree of Divorce: If the spouses reach a settlement agreement or if the court issues a final judgment after trial, the court will issue a Final Decree of Divorce. This document officially terminates the marriage and sets forth the terms of the divorce, including property division, child custody, support arrangements, and any other relevant provisions.
10. Post-Divorce Matters: After the divorce is finalized, the parties must comply with the terms of the decree. However, circumstances may change over time, requiring modifications to custody, support, or other provisions. In such cases, either spouse may petition the court for a modification of the divorce decree.

Ways to Prepare for a Divorce

• FINANCIAL DOCUMENTS – Each party in a divorce is required to file a Financial Declaration, a document which discloses all the income, assets, accounts, debts, and expenses in a marriage. Take your time to gather up all the financial documents you have. Complete the Financial Declaration thoroughly. Many decisions of the Court will be based on this information. Incomplete or inaccurate information can negatively affect your case. You can get a copy of the Financial Declaration from the Court’s website (utcourts.gov) or directly from your attorney.
• KEEP A LOG – As soon as you separate, keep a log of the dates and times you have parent-time and when exchanges occur. The first hearing in a case is often for Temporary Orders, and that log can be the key to your custody case.
• KEEP A JOURNAL – Information about your children, parent-teacher conferences, doctor’s visits, transportation for school, and making decisions about your children’s lives can be helpful information for the court and custody evaluator in making decisions for your case. Tracking that information at the time it happens is much more valuable than telling someone later.
• STEER CLEAR OF SOCIAL MEDIA – While going through a divorce, consider deactivating your social media accounts. This will keep you from giving it to the temptation to vent there or post things that hurt your case. Social media functions like a free private investigator for your Ex; do you really want to help them out for free? If you just can justify shutting it off completely, at least discuss with your attorney what you should or shouldn’t post on social media.

Common Mistakes People Make in Divorce

• REVENGE – Going through a divorce, especially when the other party’s actions led to the divorce, is difficult. Wanting to get revenge or be vindicated as part of the divorce process usually only hurts yourself.
• GOING IT ALONE – Oftentimes people believe that doing the divorce without attorneys will save money. Although being unrepresented might save you money in the short term, parties frequently make mistakes that end up costing them much more in the long run. A competent attorney can help clients create workable and comprehensive agreements that will reduce future conflicts.
• TELEPHONE GAME – Everyone knows someone that has been through a divorce and is eager to share information with you. Someone’s cousin’s best friend got a certain result, so that must apply to your case, too. Just like messages get muddled in the telephone game, these stories are not reliable. Every divorce is different and an attorney can give you the best information about the law and what outcomes to expect.
• TAKING ADVICE FROM YOUR SPOUSE – Frequently parties make the mistake of believing their spouse’s version of what’s going to happen. “You better agree to the joint custody I am offering because if we go to court I will get full custody.” You are getting divorced for a reason and taking legal advice from the other person in the case is never a good idea. Again, consult with a competent attorney who can help you understand the law and how it applies to you.
• DESPAIR – Going through a divorce is emotionally difficult. Let an attorney help you deal with the legal aspect so you can focus on the emotional battle with more strength. Also, don’t be ashamed to talk to a qualified counselor who can help with this emotional journey.

How to Choose a Divorce Lawyer in Salt Lake City

In the event of a divorce, you must work with an experienced divorce attorney. Your attorney can help you understand the divorce process and your rights. They can also help you get a divorce quickly and inexpensively.

When choosing a divorce attorney, it is important to find someone who:

• Has experience handling divorce cases
• Has experience handling cases similar to yours
• Is in good standing with the Utah State Bar
• Has a track record of success
• Will put your best interests first
• Will be available to answer your questions

At Pearson Butler, our Salt Lake City divorce attorneys can help you with all aspects of your divorce. We can help you file a divorce petition and negotiate a favorable settlement with your spouse. We can also represent you in court and fight for your rights.

If you are thinking about getting a divorce, call (800) 265-2314 or contact us online to schedule a consultation.