Going through a divorce is never easy. Even when spouses make a joint decision to split and have the best intentions to keep everything amicable, issues may occur, especially when children are involved. Disputes frequently arise over how to divide marital property and child custody.
Working with a knowledgeable attorney could make a substantial difference when it comes to protecting your assets and parental rights throughout the divorce process. Our divorce attorneys understand the challenges of co-parenting and could work closely with you to resolve the disputed issues in a non-confrontational, collaborative manner.
What to Consider Before Filing for Divorce
Before filing for divorce, petitioners must ensure they meet the minimum residency requirements. Essentially, the petitioner or their spouse must have lived in the county where they wish to file for divorce for at least three months. If the family has children, a six-month residency requirement applies.
People can file for divorce on fault or no-fault grounds. Experienced legal professionals in Murray can explain whether a petitioner meets the residency requirement and help them through the process of determining what type of divorce to pursue.
Filing the Divorce Paperwork
While Utah courts do not require people to work with attorneys, trying to handle the divorce process by oneself can be overwhelming. The state provides an Online Court Assistance Program to help people file their own paperwork, but a knowledgeable attorney can also file the correct forms in the appropriate county.
Divorces often bring out the worst emotions, and having independent counsel represent each spouse’s interests is often the wisest decision. A petitioner can confide in their trusted attorney about their concerns, and this attorney can explore legal options for reaching a satisfactory resolution.
How the Divorce Process Works
Utah courts require spouses to adhere to certain procedural steps to formally complete the divorce process.
Serving a Spouse
Before a court will act on a divorce, state law requires someone pursuing a divorce to prove they have served notice to their spouse. The service of the summons and petition can be in person via a private company or the sheriff’s department. A knowledgeable attorney can help a petitioner figure out the best way to accomplish serving the divorce papers.
Responding to a Summons
After receiving notice of divorce, a spouse has a specified period of time to respond. If they do not respond within the allotted time, a petitioner can request a default judgment. If the spouse responds and agrees to everything in the petition, the parties can prepare the required paperwork and wait the mandatory 30-day waiting period before submitting the divorce decree to the Court for approval and entry.
Divorce Education Classes
State courts require divorcing parents to attend mandatory divorce education classes.
Mediation
If the spouses do not agree on the divorce terms, Utah requires them to attempt at least one session of mediation. Our lawyer has extensive experience with mediation.
If parents cannot decide on the terms of their divorce through mediation, a court judge has the final say on property division and custody arrangements.
Contact a Murray Attorney About the Divorce Process
While divorce is never pleasant, it does not have to be awful. If you have any questions about how divorce works, you should contact a local attorney.
Our seasoned legal team could ease your burdens during this transition by helping you navigate the divorce process. We could safeguard your interests and support your family. Call Full Circle Family Law now.