Divorce Law 101

Divorce can be a scary prospect, especially when you have no idea what to expect. Oftentimes, a divorce will be the first time a person has any real experience with the court system and it can be overwhelming. Understanding the basics of divorce can make the process feel more manageable and help you to make plans for your future.

State Requirements

Before you can file for a divorce, you need to meet the basic requirements in your state of residence. Most states require both parties to have been residents for an amount of time that can vary from a few weeks to a full year. Some states also require you to undergo a formal separation period before filing for divorce. Most states also require you to state your grounds for divorce, although the vague “irreconcilable differences” response is acceptable in most cases. You can see the Utah State divorce requirements here.

Decision Making

Once you meet the state requirements, you’re ready to petition the courts for a divorce. This isn’t a one-day event and there will be a process you need to go through from when you file to when your divorce is finalized. The time in between will be filled with making decisions and coming to agreements on final family issues. If you can make decisions amicably with your spouse and come to a mutual agreement, you will be able to hash out your divorce through mediation and the help of your attorneys. Some of the decisions you will need to make include:

  • Division of property, assets, and debt
  • How much spousal support and alimony will be paid and to whom
  • Child custody and support arrangements

See You in Court!

In cases where a couple can’t come to an agreement in mediation, the decision becomes one for the court. A judge will hear your case and make a decision using legal guidelines and his or her own discretion. Divorce law is made to be flexible in order to cater to the needs of individual cases, and you need a good attorney on your side to give you the best representation possible. Once a decision has been made by the courts, it’s fairly difficult to have it changed, so it’s best if you can get things right the first time. An experienced divorce attorney can help you to navigate the court scene and get a fair judgement.

If you are in need of a divorce, call our office today for expert assistance.