Making the decision to end a marriage typically comes after months or even years of agonizing heartache. Filing for divorce can be a complicated legal procedure, adding to these emotional challenges by drawing out the separation process. You need to figure out how to divide assets and debts, whether someone will pay spousal support, and what to do about custody arrangements if you have any children.
A local divorce attorney can listen to your concerns, protect your rights, and guide you to a favorable resolution in an efficient manner. Our compassionate lawyers have a clear understanding of the divorce requirements and can help make this process as pain-free as possible.
Residency Requirements for a Divorce in Murray
People cannot travel in and out of Utah for a quick divorce. According to Utah Code Section 30-3-1(2), people who wish to get divorced in Utah must meet specific residency requirements and be bona fide residents of the state. Before filing for divorce, a petitioner must state that one or both spouses lived in one county in the state for at least three months. If spouses have minor children, to the children must have resided in the state for six months prior to filing the Petition. If the spouse who files the petition for divorce is in the armed forces, they must be stationed by military orders for a period of three months before filing.
Although this residency requirement appears straightforward, problems can arise. For instance, if a couple lives together in one county for many years and then one spouse moves out into a neighboring county, that spouse who moves cannot file for divorce in their new county for three months. However, if the other spouse stays in the old home, they can file for divorce in the old county. If someone has questions about whether they meet residency requirements to file a divorce petition in Utah, they should consult a knowledgeable local attorney.
Grounds for Divorce in Utah
Utah is no longer a fault state when it comes to divorce. Petitioners do not need to point the blame at their spouse or present specific reasons to convince a court to grant a divorce. Although Utah Code Section 30-3-1(3) lists several specific grounds for divorce, including adultery, desertion, and neglect, it also includes a catch-all provision. Utah residents can file for divorce on the grounds of irreconcilable differences in the marriage. If a petitioner claims the marriage is broken due to irreconcilable differences, they do not need to prove any other grounds for justifying the divorce.
Because there is no longer a requirement to prove fault, one party cannot single-handedly prevent a divorce from occurring. While they can delay the process by arguing about spousal support, childcare, or how to divide assets, they cannot contest a divorce based on irreconcilable differences. When someone wants to file for divorce on fault-based grounds, our local attorney could guide them through the specific requirements for their situation.
Call a Murray Attorney to Learn About the Requirements for Divorce
Most people go into marriage promising to give it their all and stay together forever. Ending a marriage brings forth many different emotions, but it may be the best decision to allow both you and your spouse to move forward.
If you are contemplating filing for divorce, you should call a seasoned attorney to learn about the relevant divorce requirements. Our legal team could help you navigate the divorce process in the hopes of bringing it to a swift and fair resolution. Call Full Circle Family Law to schedule a consultation.