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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.

To set up a consultation with our divorce lawyer in Salt Lake City, call (801) 845-9029 or contact us online. You can rely on us for effective legal services and well-informed advice.

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
  • Adultery
  • 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:

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.

Contact Ted Weckel, Attorney at Law today at (801) 845-9029 to set up your initial consultation with our divorce attorney in Salt Lake City.

An Elite Family Law Attorney

Makes All The Difference
  • 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