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Understanding the Types of Divorce in Utah

Every state, including Utah, offers the option of a “no-fault” divorce, which allows one spouse to file for divorce without proving that the other spouse is to blame for the insolvency of the marriage.

The Utah Courts will accept that the couple has “irreconcilable differences” or that their relationship has suffered an “irremediable breakdown” as a valid purpose for filing a divorce petition.

Depending on your unique personal circumstances, the difficulty may come in the form of divorce that follows the petition. At Smoak Law, P.C., our Salt Lake City divorce lawyer will provide a customized approach to determining the right divorce path for you, so you can look towards the future with confidence.

What are the Different Types of Divorce Options in Utah?

In the State of Utah, there are three types of divorce:

  • Contested divorce
  • Uncontested divorce
  • Default divorce

Since no two divorces are the same, it is important to contact an experienced Salt Lake City divorce lawyer to learn the appropriate path for you and your family.

What is an Uncontested Divorce in Utah?

A contested divorce is a complicated approach to dissolving a marriage whereby the spouses disagree on the terms of their divorce, stalling its finalization.

The contested factors that delay divorce proceedings can include, but are not limited to:

Part of the process is determining what each spouse is entitled to, based on the length of their marriage, the extent of their assets and debts, whether there is a business involved, and the ages of their children.

The details of your marriage and its divorce are unique, and none of the particulars of its dissolution should be left to chance. Contested divorces can become very complicated, very quickly, which is why we focus on customized solutions.

As your legal partner, we will begin the process of filing a divorce petition and serving the papers to your spouse. Once he or she responds to the petition, we will immediately begin formulating your temporary needs for financial support while establishing living arrangements for everyone involved — including the children, where applicable.

While the initial order is only temporary, it may carry significant weight as we outline the final details that will become the concluding divorce decree.

At Smoak Law, P.C., our divorce attorney in Salt Lake City has over 25 years of experience creating successful solutions for our family law clients.

What is an Uncontested Divorce in Utah?

An uncontested divorce is one where both spouses can fully agree on the terms of their divorce without the court’s intervention.

Not unlike a contested divorce, each aspect of the case — both temporary and permanent — must be decided on before the divorce can become final.

That includes:

  • The division of assets, property, and debts
  • Child custody and support, when the married couple has minor children
  • Spousal support, when applicable

The final decisions made by the spouses must be approved by the courts and signed by a judge to be official and final, but no formal hearing is necessary.

If the spouses share minor children, they must complete the mandatory divorce education class before the divorce can be finalized by the court.

What if My Spouse Does Not Respond to My Utah Divorce Petition?

If you have filed a Utah divorce petition and your spouse has not responded in the amount of time outlined on the paperwork, you do not have to wait endlessly for a response before proceeding with the final decree.

If there is no response by the deadline provided on the divorce petition, the court will grant a default divorce, which will exclude your spouse from the proceedings entirely.

This means he or she will not have their day in court and will not be able to share his or her side of the story. The divorce will be granted by default.

Are You Considering Divorce in Utah? Contact Smoak Law, P.C. for Help Today

If you are considering divorce in the State of Utah, contact our experienced Salt Lake City family law attorney at Smoak Law, P.C. to learn more about your options and to ensure your rights are protected throughout the proceedings by calling (801) 535-4311 to schedule a free consultation today.

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