October 8, 2010

Utah Divorce Law Firm

Salt Lake City Divorce Attorney

Utah Divorce Hotline is a Utah divorce law firm with licensed attorneys practicing in family law matters throughout the state.  Although there is no winner in a divorce, we aim to make sure our clients are protected in their interests, whether those be property interests or interests in their children.

We approach every case in a unique way – we don’t just treat you as a number.  We understand that what you are going through is not something that can be easily discounted.  While we work divorce cases every day, we know that your divorce is very hard for you.  You want someone who not only protects your interests but who understands you.  Our Utah divorce lawyers are empathetic and try to make the process as smooth as possible for you.

The Type of Divorce Determines the Process

There are a number of ways that your divorce can go.  It really depends on you and your spouse.  If you are unable to agree on property division and child custody (contested divorce) you should know that the divorce will take time and may be difficult with no guarantees at the end.  If you and your spouse are able to agree on most points you can expect to complete your divorce and move on with your life much sooner.  If you and your spouse reach an agreement on everything before hiring attorneys (uncontested divorce) you can expect that your divorce will go smoothly and quickly.

Utah Divorce Hotline – Experienced Divorce Attorneys

The lawyers at Utah Divorce Hotline are experienced divorce lawyers.  We fight hard for our clients because we know what is at stake.  If you are contemplating divorcing your spouse or are already in the middle of it, contact us today at 801.618.1331 or by email so that we can set up a time for you to come in and begin the process. We serve all of Utah including the Wasatch Front.

Utah Statutes Relating to Divorce 

The statutes relating to divorce can be found starting with Utah Code 30-3-1 and runs through 30-3-40. A party to a divorce should be very familiar with those statutes. Court commissioners and judges look first to these statutes and then to case law if there are any questions regarding a particular divorce. The statutes explain the law on how assets are to be divided, how alimony should be calculated, the requirements for taking a divorce education and orientation class, the definition of joint legal custody, the process for obtaining temporary support orders, parenting plans, and minimum parent-time schedules.

At Fault vs. Irreconcilable Differences

Utah is a “fault” and “no fault” state, that is, there are very specific grounds for which a divorce will be granted and there is also the catch-all “irreconcilable differences” ground for divorce, which can mean anything. The specific grounds for divorce are:

  • Impotency at the time of marriage – The physical inability to have sexual relations.
  • Adultery – Having a sexual relationship with someone other than one’s spouse.
  • Abandoning one’s spouse for more than a year – A spouse actually needs to desert his spouse for this to come into play.
  • Willfully neglecting to provide for a spouse’s common necessaries of life – This derives from an earlier age when the husband was the traditional bread winner and wives would rely solely on their husbands for support.  Today, this ground could apply to either spouse.
  • Habitual drunkenness – This should be self-explanatory, but if not, it basically means that a spouse is an alcoholic or otherwise addicted to alcohol.
  • A felony conviction – These days there are so many laws and so many different types of charges that can result in a felony conviction that this ground would not be difficult to meet.  Drug felonies, theft, violence, sex crimes, can all result in felony convictions.
  • Treating a spouse cruelly to the point of causing bodily injury or great mental distress – The bodily injury aspect of this ground is pretty clear cut but “great mental distress” is open for interpretation.
  • Incurable insanity – The prove this ground one will need an expert opinion or diagnosis from a trained professional.  Too bad Edward Rochester didn’t have this ground available to him.
  • Upon the third year anniversary of a separate maintenance order – separate maintenance, or legal separation, is an action similar to a divorce and results in an order from the court granting the parties a legal separation.  The order provides for child support and alimony among other things.  Sometimes people do this to see if divorce is really what they want.  If they have had a separate maintenance order in place for three years, they then have grounds for divorce.

If none of the above apply to your case you can always fall back on the irreconcilable differences ground for divorce, which means you can get a divorce for any reason no matter what.