Lindon Utah Divorce Attorney
Lindon is a city in Utah County, Utah, United States. It is part of the Provo–Orem, Utah Metropolitan Statistical Area. The population was 10,070 at the 2010 census. In July 2019 it was estimated to be to 11,100 by the US Census Bureau. Lindon has an abundant cultural and historical background. Originally settled in 1861, Lindon began as pioneers moved into what was then the Lindon grazing land. The town was originally named “String Town” because of the way the houses were strung up and down the street between the towns of Orem and Pleasant Grove. An old linden tree (Tilia) growing in town in 1901 inspired the present (misspelled) name. Over the past century Lindon has seen organized development, but it has tried to remain true to its motto: “Lindon: a little bit of country”.
Pros and Cons of Each Type of Divorce
In a divorce, the issues of child custody, visitation and the division of assets and debts are resolved by one of 3 processes: an agreement of the parties, the collaborative divorce method or through adversarial litigation. There are pros and cons to each type of divorce.
Agreement of the Parties
Most people don’t want their personal life aired out and on display in a public courtroom. If you are able to resolve all of the issues related to your divorce at the kitchen table, you can work toward filing the divorce case at your own pace; however, but it is also likely that certain issues are either going to be missed or not settled fairly in the eyes of the law. You run the risk ending up in court again seeking a modification of the original agreement. This is less likely to happen when you each have your own attorney. While settling over the kitchen table may have some initial cost savings, having to return to court to unwrap a poorly drafted divorce decree ultimately will cost more than you might have saved.
With the collaborative divorce method, the parties are also the decision makers, and you are also able to proceed at your own pace not dictated by a Judge’s docket. Your attorneys and certain other agreed upon professionals can contribute their input to result in a divorce based upon a fair and just agreement. Confidentiality is maintained, and upon divorcing, you will have a marital settlement agreement that you can live and work with in the future. The drawback to the collaborative process is that if the you are unable to settle all issues in your case, you are then required to retain new attorneys and seek a resolution by way of mediation or even a trial. And as we all know, a contested trial quickly can become costly and emotionally draining.
Contested Adversarial Divorce
Although certainly not the preferred method of divorce, a contested case does allow for relatively quick temporary hearings on major issues like temporary custody and child support. Hearings can usually be obtained within 14 to 21 days after filing a petition for temporary relief. As a result of the temporary hearing, the spouse who prevailed often gains an initial advantage, and that can have a chilling effect on the other party’s desire to proceed with the case. Even if a temporary order doesn’t impede a divorce litigant’s enthusiasm for a contested hearing, he or she will be ordered to mediate the case before a trial date is set. Other than the cost, there’s no downside to mediation. The parties still retain control, and the right to a trial is not lost. The downside to a contested adversarial divorce is that typically a trial is much more expensive, emotionally draining and the results are left in the hands of a stranger a Judge that does not know you and cannot possibly have a full understanding of your family’s dynamics after a day or two in trial.
Uncontested Divorce in Lindon, Utah
Divorce can be devastating; however, uncontested divorces are often less overwhelming to your finances and sanity than contested ones. Your divorce does not have to become a soap opera. Utah’s uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with completing a divorce trial before a judge. The uncontested process can be relatively quick, and certainly less expensive than taking a divorce to trial. Uncontested divorces (sometimes called “quickie divorces) are an option available to divorcing Utah couples with or without children. Typically, an uncontested divorce is generally less expensive and faster than traditional divorces because you avoid the expense of attorneys, custody evaluations, and hiring experts for trial. If you and your spouse can agree on all issues regarding your divorce, including child custody, visitation, and support, then an uncontested divorce is a real option. However, if you and your spouse have unresolved divorce-related issues, then the court will require you to go through the traditional “contested” divorce process where the judge will resolve the disputed issues for you. Before you can request an uncontested divorce in Lindon Utah, you and your spouse must agree on all the following divorce-related topics:
• how to divide real estate and personal property from the marriage
• an allocation of your debts and assets
• child custody and visitation
• who will pay child support and how much
• whether either spouse will pay the other alimony or spousal support, and
• any other issues related to your marriage.
Utah’s uncontested divorce process allows spouses to reach an agreement on their own and avoid the stress and anxiety associated with completing a divorce trial before a judge.
Beginning The Uncontested Divorce Process in Lindon, Utah
Whether you’re requesting a traditional or uncontested divorce in Utah, before the court can take your case, you must meet the state’s residency requirements. When you file for divorce in Utah, you must have lived in a single county in the state for at least 3 months (or 6 months if you have minor children.) If you haven’t resided in Utah long enough, you’ll need to wait until you meet the requirements before you can file your divorce. The residency requirement is a crucial part of the divorce process. If you don’t meet the requirement, the court won’t have “jurisdiction” to take your case, and the judge will dismiss it meaning, you’ll need to start the process over from the beginning. To proceed with the uncontested divorce process, you and your spouse must agree on all divorce-related issues in your case. Additionally, if you have minor children, you must submit a notarized statement telling the court that you are either:
• not requesting child custody, child support, or spousal support, or
• that you and your spouse agree on all issues regarding child custody, child support, and alimony.
If you plan to file for divorce without the help of an attorney, the court expects you to submit the required paperwork in the right court. If you bring your divorce papers to the wrong court, you risk the judge dismissing your case, and you will have to refile in the proper location. Utah’s district courts oversee divorce cases and trials. Utah has approximately 70 judges serving in the state’s eight judicial districts. Typically, you’ll submit your divorce paperwork to the court in the county where you live. If you and your spouse have separated but still reside in Lindon, you can file in your county or where your spouse has lived for the past 3 months.
The Utah Courts site offers online forms for completing an uncontested divorce, but you shouldn’t use it. You should call Ascent Law for help with a divorce because you may think you know what you’re doing, but you wouldn’t do your own heart surgery. You should never do your own legal work, even if you know what you want because words may have different legal meanings than you think they have. You may do it wrong (and we’ve seen many do it wrong).
The required paperwork to complete a divorce in Utah may vary in your particular county. Check with your local court clerk for more information and to determine whether you need to file additional forms. It’s important to understand that if you don’t complete all the required documents, the court won’t accept your case until you do.
How Much Does it Cost to File for Divorce in Lindon, Utah?
The cost to file for a divorce in Lindon varies depending on the type of case your filing, the fees for serving your spouse with paperwork, attorney fees, and more. You can contact your local courthouse to determine the filing fee for divorce paperwork. If you can’t afford to pay the filing fees, you can submit a fee waiver to the court, asking the judge to waive all the costs with the court.
Utah has a mandatory 30-day waiting period to complete a divorce. Under extraordinary circumstances, the court may waive the 30-day waiting period, however, before a judge grants a divorce to parents of minor children, both spouses must complete the Divorce Education Course. If you don’t have children, the court doesn’t require you to attend a class but does encourage both spouses to utilize the resource. Utah does not require that you attend a court hearing before a judge finalizes your uncontested divorce. Instead, after you file all the required paperwork, the judge will review it for accuracy and ensure that it’s reasonable and in your children’s best interests. If the court finds that everything is in order, the judge will finalize your divorce and sign the Findings and Decree of Divorce.
Terms to Know
• Custody: Having rights to your child. Custody can be either legal, which means that you have the right to make important decisions about your child’s welfare, or physical, which means that the child lives with and is raised by you.
• Prenuptial Agreement: An agreement made between a man and a woman before marrying in which they give up future rights to each other’s property in the event of a divorce or death.
• Stipulation: An agreement entered into by the divorcing spouses that settles the issues between them and is often entered into the court’s final order or judgment and decree.
Issues Involved in a Divorce
At its most basic, a divorce is a legal process by which two parties terminate their legal and financial relationship. But each divorce is unique and most involve disputes over things like child custody or division of property.
• Division of Property: All property acquired by either spouse after the marriage date is considered “marital property” and is subject to equitable division.
• Alimony: Alimony, or spousal support, is monthly payment made by one spouse to another in accordance to either a settlement agreement or court order. Alimony is meant to correct for any unfair economic effects of a divorce.
• Child Support: Child support is a monthly payment made by the noncustodial parent to the custodial parent to be spent on the child’s needs.
• Child Custody: When a family splits up, the parents and the court must decide what is best for the minor children, including where they will live and how decisions are made. This is often the most difficult part of the divorce proceedings.
When you need a divorce attorney in Lindon Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506