Ammon Nelson Law - Facebook Ammon Nelson Law - Twitter Ammon Nelson Law - YouTube Ammon Nelson Law - Instagram
  • About Us
  • Team
  • Contact Us
  • FAQs
  • En Español
Ammon Nelson Law

Ammon Nelson Law

Visit North Carolina Website

Call For A Consultation

801.337.4355
  • Family Law
    • Divorce
    • Child Custody
    • Child Support
    • Spousal Support
    • Special Needs Children
    • Father’s Rights
    • Visitation Rights
    • Grandparents Rights
  • Divorce
    • Annulment
    • How To File
    • No Fault Divorce
    • Uncontested Divorce
    • Contested Divorce
    • Irretrievable Breakdown & Divorce
    • Division of Intellectual Property
    • Divorce By Publication
    • Equitable Distribution
    • High-Asset Marital Estates
  • Child Custody
    • How to Get Full Custody
    • Joint Custody
    • Relocation & Custody
    • Interstate & International Custody and Recovery
  • Child Support
    • How to Obtain Child Support
  • Spousal Support
    • Pre and Post Nuptial Agreements
    • Post Judgement Enforcement Modification
    • Orders of Protection
  • Estate Planning and Probate
    • Social Security Disability
    • Estate Planning
    • Personal Injury
    • Probate
    • Guardianship and Conservatorship

Navigating the Divorce Process in Utah

Home » divorce decree

Divorce is a challenging chapter in life, and understanding the legal process is essential for a smoother transition. If you’re considering or facing a divorce in Utah, this guide will walk you through the key steps and considerations involved in the divorce process in the Beehive State.

Divorce process in Utah. How to navigate divorce so your separation has little negative effect on the children.
The Divorce Process in Utah

Understanding Grounds for Divorce in Utah:

Utah recognizes both fault and no-fault grounds for divorce. No-fault grounds generally involve irreconcilable differences, while fault-based grounds may include issues like adultery, abandonment, or cruelty. Understanding the grounds relevant to your situation is crucial as it can influence various aspects of the divorce proceedings.

Filing for Divorce:

The divorce process begins with filing a petition in the district court where either spouse resides. Utah has residency requirements, and one of the spouses must have been a resident of the state for at least three months before filing. Detailing the grounds, as well as the desired outcomes in terms of child custody, alimony, and property division, is a critical step in the filing process.

Temporary Orders:

Upon filing, spouses may request temporary orders to address immediate concerns such as child custody, support, and property use during the divorce proceedings. Temporary orders provide stability and set the tone for the ongoing legal process.

Mediation and Alternative Dispute Resolution:

Utah encourages mediation as a means of resolving disputes outside of the courtroom. Mediation can be a more amicable and cost-effective way to reach agreements on issues like child custody, visitation, and division of assets. Mediation has become a mandatory part of every divorce case, and it is often beneficial in facilitating communication and compromise.

Discovery Process:

Discovery involves the exchange of information between spouses, including financial records, property valuations, and any other relevant documents. This phase ensures that both parties have a comprehensive understanding of the marital estate, aiding in fair and equitable distribution. Discovery starts immediately upon the filing of an answer with the Rule 26.1 Initial Disclosure rules. These disclosures are crucial to a case, and failing to complete them can damage your claim.

Division of Marital Assets:

Utah follows the principle of equitable distribution, meaning that marital assets are divided fairly, though not necessarily equally. Factors such as the duration of the marriage, each party’s financial contributions, and the presence of minor children are considered in determining a fair distribution.

Child Custody and Support:

Utah prioritizes the best interests of the child when determining custody arrangements.  A decision about legal custody and physical custody will be made regarding the children. Factors such as the child’s relationship with each parent, the parents’ ability to provide a stable environment, and the child’s wishes (depending on age) are considered. Child support is calculated based on the income of both parents and the amount of time each parent is granted with the children.

Alimony Considerations:

Spousal support, or alimony, may be awarded based on factors such as the length of the marriage, the financial needs of the recipient spouse, and the paying spouse’s ability to contribute. Understanding the criteria for alimony can help spouses anticipate potential outcomes. Consulting a qualified attorney can also help understand the complex area of alimony.

Finalizing the Divorce:

Once all issues are resolved, either through negotiation, mediation, or trial, the court will issue a final divorce decree. This legal document outlines the terms of the divorce, including child custody arrangements, support obligations, and the division of assets. The divorce decree will be binding on both parties.

Navigating the divorce process in Utah requires careful consideration of legal requirements, effective communication, and a commitment to finding fair and amicable resolutions. While divorce is undoubtedly challenging, being informed about the process can empower you to make sound decisions that pave the way for a more positive post-divorce future. If you have specific questions or concerns, consulting with an experienced family law attorney can provide valuable guidance tailored to your unique situation. At Ammon Nelson Law, PLLC all we do is family law. Our attorneys have years of experience, and they can provide quality advice and representation during your divorce matter.

Filed Under: Child Support, Custody, Divorce, Family Law Tagged With: alimony, attorney, Child support, children, custody, divorce, divorce decree, Divorce lawyer, divorce process, legal custody, visitation

Divorce is complicated. Not only is the law extremely intricate, but the lives of each individual in a divorce are constantly changing. That makes a constant application of the law to the new facts necessary to properly understand your case. One of the most contested parts of a divorce is usually child custody. Child custody actually has two parts. Legal Custody and Physical Custody.

Legal custody is usually joint, meaning the parties share the legal custody of their child. Legal custody has to do with decision making and the sharing of information between parents. This means that in most cases, parents are required to work together to share information regarding their children and to work together to make major decision. Major decisions are decisions involving religion, education, and health. When parents cannot agree, the divorce decree should outline a process that the parents are required to follow before a final decision can be made regarding a major decision. Sometimes this requires consulting with experts like teachers, principals, doctors, clergy, etc. It may also include going to mediation. Ultimately, the courts can get involved if parents are unable to make a decision, or one parent is acting irrationally.

Physical custody is the other form of custody. This can range from one parent having sole custody to both parents having equal time with the children. Sole custody is outlined by state law and generally means the non-custodial parents has every other weekend and one midweek evening every week. However, if there has been child abuse, a long absence of the non-custodial parent, or substance abuse a non-custodial parent’s parent-time can be further limited in the best interest of the child. For the most part, a joint arrangement of some kind is created. Joint custody starts with the non-custodial parent having more than 111 overnights in a given year. The maximum time a non-custodial parent would have in a given year is 182 overnights. This would be a 50/50 arrangement.

Negotiating and writing these types of custody orders is extremely complex and requires an experienced attorney to ensure that the language actually says what the parties intend for it to say. If you have questions about custody, please call us for a free consultation!Ammon Nelson Law Divorce Attorney

Filed Under: News Tagged With: child, child custody, custody, divorce, divorce decree, legal custody, non-custodial parent, parents, physical custody, visitation

The holidays can be a magical time where families come together and enjoy the season in peace and happiness. We hope you all experience this magic this year!

Unfortunately, a stubborn or disruptive ex can put a damper on fun holiday visitation. Often parents are comfortable entering an agreement that Christmas and New Years visitation will be pursuant to the Utah Code Ann. 30-3-35.

However, once the holidays arrive parents can become extremely disruptive when they realize that this year the statute does not give them any part of the Christmas holiday. As a result, parents sometimes make the mistake of withholding the children or manipulating the children to get some holiday visitation on either Christmas or Christmas Eve.

These aggressive behaviors usually violate some part of the Divorce Decree or Custody Decree.

You do not have to put up with this type of inappropriate behavior. If your ex withheld the children or manipulated the children in a way to get visitation to which your ex was not entitled, you may have a claim.

If your ex violated your decree over the holidays, please call our office to set up a free consultation. We can discuss with you options for ensuring this time of behavior stops now!

 

Filed Under: News Tagged With: aggressive behavior, Custody Decree, divorce decree, Ex, holiday visitation, visitation

  • 1
  • 2
  • Next Page »

Ogden Location

2568 Washington Blvd., Suite 205
Ogden, UT 84401
Phone: 801.337.4355
Fax: 801.337.0737
Email: ammon@ammonnelsonlaw.com

Monday9:00 AM - 6:00 PM
Tuesday9:00 AM - 6:00 PM
Wednesday9:00 AM - 6:00 PM
Thursday9:00 AM - 6:00 PM
Friday9:00 AM - 6:00 PM
SaturdayAvailable for Emergencies
SundayClosed

Directions

Navigation

  • Family Law
  • Divorce
  • Child Custody
  • Child Support
  • Spousal Support

Follow Us

Ammon Nelson Law - Facebook Ammon Nelson Law - Twitter Ammon Nelson Law - YouTube Ammon Nelson Law - Instagram

2022 Ammon Nelson Law | All Rights Reserved | Privacy Policy | Terms | XML Sitemap | Site by PDM