Divorce

At Pearson Butler, we have decades of experience serving individuals, businesses, and families across Utah in over a dozen practice areas. With more than thirty qualified legal professionals, we have the resources and experience needed to resolve even the most complex legal matters.

Utah Divorce Attorneys in Salt Lake City

Helping You Through the Divorce Process

Divorce is a difficult and emotional process. It can be hard to know what to do when everything is changing. At Pearson Butler, our Salt Lake City divorce attorneys can help you navigate the divorce process and protect your best interests. From selecting the right attorney to preparing for a divorce, we help you make the right decisions for your future.

Pearson Butler is committed to helping you make the best choices for your family. We can help you prepare for a smoother divorce and protect your best interests throughout the process. Our attorneys are skilled negotiators and litigators who can help you get the best possible outcome.

For an initial consultation with our Salt Lake City divorce attorneys, call (800) 265-2314 or contact us online.

Utah Divorce Laws

Utah is a no-fault divorce state. This means you do not need to prove that your spouse did something wrong to get a divorce. Instead, you can simply say that you and your spouse have “irreconcilable differences” that make it impossible to stay married. You do not need to prove that your spouse was abusive, unfaithful, or neglectful to get a divorce.

Here are the common issues each party must resolve in a Utah divorce agreement:

  • Division of Property: Utah is an equitable distribution state, meaning marital property is divided fairly, but not necessarily equally. Marital property typically includes assets acquired during the marriage, while separate property generally includes assets owned before the marriage or acquired by gift or inheritance during the marriage.
  • Child Custody and Child Support: Utah prioritizes the child's best interests when determining custody arrangements. Both parents are encouraged to maintain a relationship with the child unless circumstances such as abuse or neglect dictate otherwise. Child support in Utah is calculated based on state guidelines, taking into account factors such as income and parenting time.
  • Alimony (Spousal Support): Utah courts may award alimony to either spouse based on factors such as the length of the marriage, each spouse's earning capacity and financial needs, and the standard of living during the marriage.

Divorce Process in Utah

The divorce process in Utah typically involves several steps:

  1. Filing the Petition: The process begins with one spouse (the petitioner) filing a Petition for Divorce in the district court of the county where either spouse resides. The petitioner must meet Utah's residency requirements, which usually entail being a resident of Utah and the county where the petition is filed for at least three months.
  2. Service of Process: After filing the petition, the petitioner must serve the other spouse (the respondent) with a copy of the petition and a summons. Service can be accomplished through personal delivery by a process server, certified mail with return receipt requested, or through acceptance of service by the respondent's attorney.
  3. Response: The respondent has a specified period, typically 21 days after being served, to file a response to the petition. In the response, the respondent may admit or deny the allegations in the petition and may also assert any counterclaims or defenses.
  4. Temporary Orders: If necessary, either spouse may request temporary orders from the court to address issues such as child custody, child support, spousal support (alimony), and the use of marital property during the divorce process. Temporary orders help establish stability and structure while the divorce proceedings are ongoing.
  5. Discovery: Discovery is the process by which both spouses exchange information and evidence relevant to the divorce, including financial documents, property valuations, and other pertinent records. Discovery methods may include interrogatories (written questions), requests for production of documents, and depositions.
  6. Negotiation and Settlement: The spouses, often assisted by their attorneys, may attempt to negotiate a settlement agreement addressing all issues related to the divorce, including property division, child custody, visitation, child support, and alimony. If the spouses can reach an agreement, they can submit it to the court for approval.
  7. Mediation: In many cases, Utah courts require divorcing spouses to attend mediation to attempt to resolve disputes outside of court. Mediation involves a neutral third party (the mediator) facilitating discussions and negotiations between the spouses to reach a mutually acceptable resolution.
  8. Trial: If the spouses are unable to reach a settlement through negotiation or mediation, the case will proceed to trial. At trial, each spouse presents evidence and arguments to the judge, who then makes decisions on unresolved issues based on the evidence presented and applicable law.
  9. Final Decree of Divorce: If the spouses reach a settlement agreement or if the court issues a final judgment after trial, the court will issue a Final Decree of Divorce. This document officially terminates the marriage and sets forth the terms of the divorce, including property division, child custody, support arrangements, and any other relevant provisions.
  10. Post-Divorce Matters: After the divorce is finalized, the parties must comply with the terms of the decree. However, circumstances may change over time, requiring modifications to custody, support, or other provisions. In such cases, either spouse may petition the court for a modification of the divorce decree.

How to Choose a Divorce Lawyer

In the event of a divorce, you must work with an experienced divorce attorney. Your attorney can help you understand the divorce process and your rights. They can also help you get a divorce quickly and inexpensively.

When choosing a divorce attorney, it is important to find someone who:

  • Has experience handling divorce cases
  • Has experience handling cases similar to yours
  • Is in good standing with the Utah State Bar
  • Has a track record of success
  • Will put your best interests first
  • Will be available to answer your questions

At Pearson Butler, our Salt Lake City divorce attorneys can help you with all aspects of your divorce. We can help you file a divorce petition and negotiate a favorable settlement with your spouse. We can also represent you in court and fight for your rights.

If you are thinking about getting a divorce, call (800) 265-2314or contact us onlineto schedule a consultation.

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