Salt Lake City Divorce Attorney
How to File for Divorce in Utah
Divorce is a complex area of law which covers a wide variety of legal subject areas. Ted has practiced law in the following subject areas over his 28+ years of experience: Family law, criminal defense, bankruptcy, tax controversies, and general civil practice. Having a working knowledge of these subject areas is useful when he takes on a new case.
A divorce can be quick, or it can take years to complete—depending upon the opposing party and his or her counsel. If parties cannot settle their case, or if opposing counsel “stirs the pot,” a divorce case can become a lengthy and expensive endeavor. Our Salt Lake City divorce attorney always tries to work within our clients’ budget and to obtain a settlement as quickly as possible.
However, if it is necessary to go trial, Ted has a very broad and in-depth trial and appellate experience. So, if you hire Salt Lake City divorce attorney Ted Weckel, you will be working with an experienced counselor-at-law and advocate.
Effective Divorce Mediation in UT
A party must try to mediate a case before going to trial. Sometimes, mediation is effective, particularly if the parties are motivated to not spend a lot of money on a case.
The case begins by filing a divorce petition. A party can get a temporary orders hearing before a court commissioner usually in about 30 to 45 days. At that initial hearing, the commissioner will make a recommendation to the judge for child support, child custody, temporary alimony, temporary custody of property, allocation of debt, and attorney fees, among other things. The temporary order is to get the case moving, and to award living expenses for the custodial parent of children.
Grounds for Divorce in Utah
Utah allows couples to file for divorce based on both no-fault and fault grounds.
To obtain a no-fault divorce, a couple must fall within one of the following two categories:
- The couple has “irreconcilable differences”, and they’re unable to come to a resolution
- The couple has lived separate from each other for at least three years
While no-fault divorces are the most common, there are some cases where a couple will want to file for a fault divorce. These are several grounds for fault divorces:
- Impotency when married
- Willful abandonment for at least one year
- Habitual alcohol abuse
- Felony conviction
- Cruelty (physical or mental)
- Neglectful to provide standard necessities
- Incurable insanity
Be sure to contact our Salt Lake City divorce lawyer to discuss your specific situation and receive guidance on how to proceed.
Divorce Process in Utah
There are various aspects to consider regarding the Utah divorce process. It is important to have an experienced Salt Lake City divorce attorney by your side through each step in the process.
Utah Residency Requirement
In Utah, a couple must meet the residency requirement for the courts to have jurisdiction over their divorce case. At least one of the spouses must be a state resident and a resident in the county where the divorce is going to be filed for at least three months.
Utah Divorce Waiting Period
Like many states, Utah has a waiting period between the time the divorce is filed and the time the court can make a divorce decree. The waiting period in Utah is 30 days. In extraordinary circumstances, one of the spouses can petition the court to waive the waiting period.
Child Support in Utah
Both parents are obligated to support their children. Child support is awarded by using a chart and plugging in the parties’ incomes. Alimony is awarded on an as-needed basis and the ability of the payor to pay it. Both parties are responsible for paying for their children’s medical expenses.
One needs to be a little careful if the other party is contemplating filing a divorce petition first because they could withdraw all of the money out of a joint account, and the other party will have to wait for the temporary orders hearing to try and get some of it back.
Utah Child Custody
Custody evaluators can be appointed as expert witnesses to help the court to determine custody. Private guardian ad litems can also be appointed in that regard.
The parties can engage in what is known as “discovery,” a process whereby parties can ask 10 questions of each other, ask for documents, and ask each other to admit 10 relevant facts. The parties are also allowed a few hours to depose each other or fact witnesses.
After the parties have engaged in discovery, the case is ready to be heard by a judge. If the parties don’t agree with the judge’s ruling, they can appeal to the Utah Court of Appeals.
One of the overarching principles in effective representation is to remember to keep the kids out of it as best as you can.
Learn More from Our Salt Lake City Divorce Attorney
Our divorce attorney, Ted Weckel’s broad legal skill has given him experience in a variety of divorce situations ranging from complex to simple.
You can learn more about each of the areas below by clicking the relevant link:
- Child custody
- Business valuation
- Visitation rights
- Child support
- Divorce mediation
- Decree modifications
- Bankruptcy issues
- Federal tax issues
- COBRA insurance benefits
- The Hague convention
Contact our Salt Lake City Divorce Lawyer Today
If you or your spouse are considering filing for divorce, don't walk this path alone. Our Salt Lake City divorce attorney can help you through this difficult time in your life. We can work through the details with you and work with your spouse or their divorce attorney to ensure the best possible outcome for you and your family. Call our family law firm today for more information.
Schedule a Consultation
Take the next step by scheduling a confidential consultation at our office. Together we’ll discuss general principles of your case. Call to speak directly with Attorney Ted Weckel at (801) 845-9029 to see how he can help you with your legal issue.Contact Us
Why Experience Matters
Having been a member of the bar since 1991, Ted has expertise in divorce, child custody, or alimony modification is needed to protect your rights and quality of life. Judges and opposing attorneys in Utah are more persuaded by a lawyer who exhibits knowledge of the law, preparation, and respect.Attorney Profile
A Zealous Advocate
As a professional family law attorney in Salt Lake City, Ted is knowledgeable, collaborative and personable. He is a zealous advocate for his clients with a great deal of successful courtroom and mediation experience. We understand that expertise and integrity is key.Client Testimonials
Practicing Law Since 1991
Hundreds of Successful Mediations or Verdicts
Prepares an In-Depth Strategy for Every Case
18 Published Appellate Opinions
6 Years Experience as a Judge Pro Tempore
Nearly Three Decades of Experience