Divorce and Family Law In Salt Lake
If You are Involved in a Divorce, Don’t Go it Alone – Put My Experience on Your Side.
Getting divorced is a complex legal matter. In addition to finalizing the marriage dissolution, you may also need to determine or fight for domestic support, draft a child custody arrangement, or enforce/dispute a prenuptial contract. Whichever aspect of the divorce process you need assistance with, our firm can help. Experienced family law attorney Rex Bray is committed to aggressive client advocacy, and will fight hard to protect your rights while guiding you through each and every step.
To set up a completely free and confidential case evaluation, call Darwin Overson at (801) 758-2287
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Divorce in Utah
Requirements for Divorce
Under state law, either you or your spouse must have lived in Utah for at least three months immediately prior to filing a petition. If you have a minor child, he or she must have lived in-state with either parent for at least six months, with a few exceptions.
The Divorce Process
If you meet the basic residency requirements, you can initiate the process by filing a petition for divorce with the help of your attorney. Also called the complaint, the petition should cite the grounds for your divorce, whether fault (e.g. desertion) or no-fault (e.g. irreconcilable differences). The person who files is called the petitioner, while the recipient is called the respondent.
In addition to filing the petition, you’ll also need to serve your spouse with a complaint and summons, known as the service of process. The complaint lists the basic facts of the divorce, while the summons informs the respondent that a petition has been filed. The respondent has 21 days to reply to the summons and complaint or else risks the judge entering a default judgment due to failure to respond. If the respondent does file an answer, each party must disclose a Financial Declaration.
If you have children, you and your spouse may be required to attend mandatory divorce education classes. If there are any contested issues, such as the terms of a custody plan, you and your spouse may be required to participate in mandatory mediation prior to trial.