Utah Divorce Requirements: Understanding the Process
Divorce is a complex process that can be emotionally and financially draining for everyone involved. If you are considering a divorce in Utah, it’s important to understand the state’s divorce requirements so you can make informed decisions. We have Whip Kits which are Utah Divorce papers with do it yourself guides to help you start your Utah divorce process.
Residency Requirements
In order to file for divorce in Utah, you or your spouse must be a resident of the state for at least six months prior to filing. This means that if you’ve lived in Utah for six months or more, you can file for divorce in the state, even if your spouse lives in another state.
Grounds for Divorce
In Utah, there are two grounds for divorce: no-fault and fault. No-fault divorce means that you do not have to prove that your spouse was at fault in the breakup of your marriage. Fault divorce, on the other hand, requires you to prove that your spouse engaged in behavior that led to the breakdown of your marriage.
In Utah, the no-fault ground for divorce is referred to as “irreconcilable differences.” This means that you and your spouse have differences that cannot be resolved and that you have been unable to live together as husband and wife for at least three consecutive months.
The fault grounds for divorce in Utah include adultery, cruelty, abandonment, and others. If you are filing for a fault divorce, you will need to provide evidence to support your claim.
Waiting Period
Once you have filed your divorce petition, you will have to wait at least 90 days before a final divorce decree can be entered. This waiting period is known as the “cooling off” period and gives the couple time to reconsider their decision and work on resolving any issues before the divorce is finalized.
Mediation and Collaborative Divorce
Utah encourages divorce litigants to resolve their disputes through alternative dispute resolution (ADR) methods, such as mediation or collaborative divorce. In mediation, a neutral third party facilitates communication and negotiation between the spouses to help them reach a mutually acceptable agreement. Collaborative divorce is a similar process, but both spouses are represented by attorneys who work together to resolve the issues in the divorce.
If you are considering a divorce in Utah, we can help provide Utah divorce forms with our do it yourself divorce guides whether or not your divorce will be contested or uncontested to help start the divorce process.
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