So, you and your spouse have decided to peacefully end your marriage and you agree on how your assets should be divided. Historically divorce, responsibility for the end of the marriage was assigned to one or both spouses by the court. Thankfully, today divorcing couples in West Jordan District Court and throughout all of Utah have the option of choosing a no-fault divorce instead of a traditional divorce when one party is at fault, according to a Utah divorce lawyer. A dissolution is a no-fault form of divorce where the parties agree on all the terms of ending the marriage. While an Utah dissolution lawyer might be your best guide to navigating a dissolution of marriage, here are some important, state-specific facts to consider before proceeding.
The court will not determine fault during a divorce lawsuit.
When you and your soon-to-be ex agree to move forward with a dissolution, you’re essentially agreeing to leave your marital disputes in the past. The question of why your marriage failed will not be addressed, and neither party will be labeled as “guilty” or “at fault”. Instead, the court will review and approve the terms of your marital termination. Once an agreement has been reached and approved, your marriage will be legally ended.
There is only one way to obtain an official dissolution of marriage or divorce in the State of Utah.
In Utah, there are two ways of obtaining a no-fault divorce. One way is through dissolution. During a dissolution both parties agree upon the terms of their separation and the court oversees their agreement. The parties have to agree to incompatibility or some other grounds for the dissolution, but no other grounds or finding fault with either party.
A no-fault divorce can also be achieved if both parties agree to a traditional divorce proceeding, and agree to go forward as an uncontested divorce. This differs from dissolution in that only one of the parties has to be present at the final hearing. At a minimum, both parties must agree to one of the grounds for divorce. If only one party is going to be present at the divorce hearing, depending upon the judge, incompatibility may not be sufficient grounds. However, if both parties signed the paperwork, The Judge will usually accept incompatibility as grounds for the uncontested divorce, and no fault need be assigned. If the divorce is not uncontested, it is possible for one party to temporarily stall a divorce proceeding by simply refusing to admit that there are grounds for divorce.
If you don’t want a divorce, you can get a legal separation.
A dissolution requires cooperation from both parties involved in ending the marriage. An agreement concerning the division of financial assets —property, spousal support, and child custody— must be reached and put to paper well before the assigned court date.
Hiring a Utah Divorce lawyer before appearing in court can improve your odds of achieving a drama-free dissolution.
Too many people believe that hiring a divorce lawyer will unnecessarily increase the level of conflict involved in a dissolution of marriage. Quite the contrary, a qualified divorce lawyer can ensure that the terms of your dissolution are reasonable, and properly drafted. Most individuals have limited experience with the legal system, especially as it pertains to ending a marriage. A dissolution lawyer is in a position to provide a solid foundation for your dissolution based upon years of education and first-hand experience. A comprehensive, solid separation agreement and, if applicable, shared parenting plan, goes a long way toward eliminating unfortunate surprises, and protecting your financial security in years to come.
Free Consultation with Divorce Lawyer in Utah
If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506