If you have decided to file for divorce, it is important to know the state laws. Utah allows couples to file for both fault-based and no-fault divorce. No matter the circumstances, this is not a decision to be taken lightly. Your divorce may mean the start of a new life, but it also requires sorting out important issues of the past. Get a Sandy divorce lawyer, to get through the process and settle things with your spouse in an amicable manner. While not always necessary, but a divorce attorney can minimize friction with your spouse. In this post, we are sharing important facts related to filing for divorce in Utah.
Legal separation, annulment and divorce explained
- In Utah, legal separation is known as separate maintenance. This doesn’t technically end the marriage, but the couple doesn’t live together anymore. The court will typically pass an order that will decide on important aspects, including child support, visitation, and property division.
- Annulment is a court order that basically cancels the marriage, like it never happened. Annulment is only possible under limited circumstances in Utah. For instance, if your spouse was married before he/she got married to you, the marriage is considered null and void, and you can get an annulment.
- Divorce marks the legal end of a marriage. The couple can decide on all important matters, and once the divorce has been finalized, both spouses are free to remarry again. In case of legal separation, it is not possible for the couples to remarry.
What if one spouse doesn’t want to end the marriage?
There isn’t much option for a spouse, if the other spouse files for divorce.
Is it mandatory to hire an attorney? Can the same attorney represent both spouses?
No, there is no law that makes it mandatory to hire a divorce attorney. You can file the paperwork on your own. However, there is no denying that having a lawyer by your side always helps. Divorce may mean sorting and discussing many things with your spouse, and your attorney has an important role to play for settling matters amicably. To answer the second part of the question, the same attorney cannot represent both spouses in a divorce in Utah.
Even if you file for no-fault divorce, there is a waiting period of 90 days, and you have to wait for that much time to get the decree. Contested divorces can take much longer.
