Divorce
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Helgesen, Waterfall & Jones has represented hundreds of divorcing Utahns. We know how to help you.
Ogden divorce attorneys Keith Backman and Scott Nickle are ready to help you. Layton attorneys Reuben Renstrom and Craig Helgesen are prepared for your call.
Twelve Frequently Asked Questions about Divorce in Utah
1. What is no-fault divorce and is it available in Utah?
2. What is mediation and will we have to go to mediation?
3. How does the court calculate child support?
4. What is standard visitation?
5. What if my spouse and I cannot agree on a custody schedule for the children?
6. How does the court determine alimony?
7. How do I start a divorce?
8. How long does a divorce take?
9. How much will a divorce cost?
10. What is a court commissioner and what does he or she do?
11. Is there an advantage to filing first?
12. Should I get a protective order against my spouse?
1. What is no-fault divorce and is it available in Utah?
Answer: A no-fault divorce means that the court grants the divorce without making any inquiry or findings into whose fault it is that the marriage is dissolving. If either party lists the grounds of the divorce as irreconcilable differences, the court will grant the divorce without making any finding about the grounds (or reasons) for the divorce. You should be aware, however, that the court may inquire into the circumstances of the marriage when it addresses other issues, particularly custody of minor children and alimony.
2. What is mediation and will we have to go to mediation?
Answer: Mediation is the process of hiring a neutral third party to meet with the parties to help them resolve the issues in a divorce. Under Utah law, if the parties are unable to agree on any terms of the divorce, the parties must attend at least one mediation session and split the costs of the mediator. The parties and their attorneys will usually meet with the mediator together to discuss the case. Once the mediator has a good feel for the case. Then the parties will go to separate rooms and discuss the case with the mediator. The mediator then carries offers between the parties until they reach a settlement or it becomes clear that they will not reach an agreement. If they reach an agreement, the agreement is put into writing and the parties sign it before they leave the mediation.
3. How does the court calculate child support?
Answer: Utah’s legislature has adopted guidelines on child support. Under the guidelines, the parties exchange income information, and child support is calculated by determining the income of each parent, the number of children, and the time the children will spend with each parent. Occasionally, additional information about the parents’ other child support obligations or children is also included in the calculation. The information is put into a worksheet, which tells the court and the parties how much the child support will be. The child support calculated using the worksheets is presumed to be correct.
4. What is standard visitation?
Answer: Standard visitation is actually the minimum amount of time a parent will get to spend with his or her children without evidence that spending time with the parent will endanger the children. Standard parent time is 1) every other weekend from Friday afternoon until Sunday evening, 2) one weeknight per week from 5:00 p.m. to 8:30 p.m.–if the parties cannot agree on which night this will occur, it occurs on Wednesday night, 3) four weeks during the summer, and 4) half of the holidays each year.
5. What if my spouse and I cannot agree on a custody schedule for the children?
Answer: The courts encourage parents to agree on a parent-time schedule. Standard parent time is the minimum the courts will allow either parent to receive without evidence that spending time with a parent will be dangerous for the children. If the parents agree to more parent time than standard parent time, the court will usually approve the schedule unless the court finds it is not in the best interests of the children. If the parties cannot agree on a parent-time schedule, the court will usually order them to obtain a custody evaluation. This evaluation is performed by a psychologist or social worker and contains the evaluator’s recommendation for a parent-time schedule. The parties generally share the costs of the custody evaluation.
6. How does the court determine alimony?
Answer: There are many factors which a court considers in determining whether to award alimony and how much alimony to award. The two most important factors are whether the receiving spouse needs alimony, and whether the paying spouse has the ability to pay any alimony. If alimony is demanded, the court will always require both parties to provide detailed financial statements. The factors are so flexible and depend so much on the individual circumstances that it is impossible to predict how much alimony a court will award in any particular case.
7. How do I start a divorce?
Answer: A divorce is started when one spouse files a petition for divorce with the court. The petition is served on the other spouse, who has 20 days after service to respond. The spouse who files the petition is called the petitioner and the other spouse is called the respondent. The petitioner has to pay filing fees to file with the court and also pays fees to have the petition served on the respondent. If the parties have minor children, they must attend classes on helping their children adjust to the divorce. If they have no children, they must wait 90 days from the time the petition is filed until the divorce becomes final.
8. How long does a divorce take?
Answer: If the parties agree on all of the terms of the divorce and take the divorce classes quickly, the divorce may take as little as two weeks. If they agree on none of the terms of the divorce and have a multi-day trial, the divorce may take two years or more.
9. How much will a divorce cost?
Answer: The cost of the divorce depends on the number of issues the parties disagree on and how bitter the disagreements become. If the parties agree on all of the terms of the divorce, the divorce may cost $2,000 or slightly less. If the parties disagree on every term and go to trial on each issue, the divorce may cost $20,000 or more.
10. What is a court commissioner and what does he or she do?
Answer: A court commissioner is a judicial officer who works on divorce and family-law cases. The commissioner makes decisions on preliminary matters and helps the parties frame the issues for trial. If a trial is necessary, however, the commissioner transfers the case to a district court judge for trial.
11. Is there an advantage to filing first?
Answer: In the past, there was sometimes an advantage to filing first, especially for women. This is no longer the case, and it does not matter who files in the court first.
12. Should I get a protective order against my spouse?
Answer: Protective orders are separate from divorce actions. In order to obtain a protective order, you must show that your spouse physically abused you or has made a credible threat to physically abuse you. You do not need to show physical abuse to get a divorce. Occasionally, parties attempt to get an advantage in a divorce case by obtaining a protective order. This is improper and may actually hurt your credibility with the court in the divorce action.
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