It would be wise to ask questions before hiring any professional. A lawyer is no different. Through these questions, you can find out whether the lawyer can give you the kind of legal services that you need. You might have these questions in mind as well:
Are you planning to file for divorce? Have you consulted a Utah divorce lawyer about it?
Divorce is a legal separation of a husband and wife, totally dissolving their marriage. During the proceedings, one or both parties’ present evidences to prove the other partner’s fault that caused the marital discord. The court will name the party at fault guilty for their marriage’s failure.
Divorce is granted by the judge after the all required appearances and forms are completed by both parties. For a contested divorce proceeding, this may take years. In an uncontested one, both spouses reach an agreement that sometimes does not require both of them to be physically present for a divorce to be granted.
You may have an idea of what a divorce is or how to complete it but it is best to ask a Utah divorce lawyer for help. Before you file for a divorce, asking a lawyer will help you know what to expect and how to face it. Here are some questions you may want to ask your lawyer before filing for a divorce.
Are there other ways to get separated legally?
Filing immediately for a divorce may not be the best solution for you and your partner. You have to consider your children. There are grounds that determine whether divorce is the best action or another type of legal separation. You may file for legal separation first (similar to divorce but does not dissolve the marriage), or your case may allow you for an annulment.
Should you file for an annulment instead of divorce?
An annulment is dissolving a marriage and declaring it null and void (it never existed). One or both parties must be able to prove that their union was illegal or invalid. The court grants an annulment under this ground:
• One or both parties are underage or without parent’s consent when they got married.
• One or both are still married to someone else.
• The marriage involves incest.
• One of both spouse are mentally incapable to consent to the union.
• The person who performed the ceremony is unauthorized.
Should you file for a legal separation before proceeding to divorce?
A legal separation is similar to divorce, except a marriage is not dissolved. The spouses are allowed to live separately while they remain married. During this time, both must follow responsibilities which the court outlined for them.
Legal separation is granted to address the issues of separation. These include child custody and support, division of assets and debts, and spousal support. An agreement between both spouses is made to protect both their interest until they decide to file for a divorce.
How are properties divided?
Property division is one of the issues spouses need to agree upon. Each Utah divorce lawyer informs the spouse they are representing regarding the equitable division of property.
The division of property is based on these factors:
• How long the marriages lasted.
• The age and health condition of each spouse.
• The occupation and other source of income of each spouse.
• The income of each spouse.
The court has the power to divide all property owned by either or both spouses. If both parties are able to make an agreement, the judge will review it to see that it is fair. Once the agreement has been final, it cannot be reopened except special circumstances.
How is child custody determined?
Child custody is an important issue both spouse must discuss. In some cases, the court grants custody to the person who can meet the child’s best interest. There are some cases where both parents are granted custody. In this situation one parent is given the physical custody while the other a generous amount of visitation rights.
To help meet the child’s custody matter wisely, the family court steps in. A number of factors are considered to decide what is best for the child.
• The parent’s willingness to maintain a meaningful relationship with the child.
• Financial ability to support the child.
• Physical, emotional and mental capacity to care for the child.
• Home environment and the ability to get involved in the child’s extracurricular and school activities.
• The child’s wishes when they reach the age of 12 years or older.
How can Utah help file a divorce?
Utah allows you to file a divorce form yourself. In most cases, it is advised to hire a Utah divorce lawyer to assist in this process. You may ask for help in Utah’s online court assistance program.
Research and learn about the best steps to take before you file for a divorce. Ask a Utah divorce lawyer to guide you through the process.
Utah Divorce lawyer is civil practitioner with little courtroom experience. Our attorneys have fought in the courtroom on behalf of everyone from governments, to corporations, to people accused of serious felonies.