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Can You Divorce Without A Custody Agreement?

Can You Divorce Without A Custody Agreement?

Yes, under certain circumstances. First, if you don’t have any kids, not a problem. Second, if you do have minor children; then, you must bifurcate your divorce to get divorced prior to having a custody agreement or a custody order in place.

If one parent moves away for a job, both parents might want to make a custody agreement. But if the parents are divorced, how can they do that? It is possible to write an agreement that works if one parent moves away. It just takes careful planning and effort on both sides. It’s also vital that the agreement is turned into a court order so that it can be enforced.

In a relocation situation, the only legal way for the non-moving parent to get a parent-time order is to file a motion with the court asking for one. This motion has to be filed with the court and served on the moving parent, and it must give the moving parent enough notice to respond in court. If there is no custody agreement in court records, or if the moving parent doesn’t agree what should happen, it will be hard or impossible for the non-moving parent to get any parenting time at all. Utah Code 33-3-37 governs this type of situations.

In order to provide the best answer for your case, we need to know more about your situation and specifics. So your next best step is to call Ascent Law LLC.

Other Responses From Attorneys At Our Office

Can you divorce without custody agreement? Yes, it can be done. If a couple divorces without a formal written custody agreement they can still request joint legal custody. This means that both parents will have legal decision making power over the child(ren).

Can you divorce without custody agreement? Yes.

I want to know what is the best way to get the parent with custody to agree to allow the other parent, who has no custody, to be able to use their vehicle (which they own) while they are at work. We don’t have a legal custody agreement. There is a lot of animosity between them and he doesn’t want her using his car anymore. Thank you for your time and advice.

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It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506


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About the Author

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.