Divorces are usually difficult on everyone.
Contested Divorce is seldom a pleasant process. Usually, when two people decide to end their marriage, they have so many differences that they are no longer able to work together. SeegLawUtah, with its experienced family law and divorce attorneys, can answer all of your divorce questions.
The 5 Issues in a Divorce.
While every divorce is different, each divorce con involve five main issues:
1. Grounds. The main issue in a divorce is dissolving the parties' marital status. While courts used to use fault-based grounds more often (such as adultery or cruelty), today, courts tend to prefer granting divorces based on no-fault grounds, called "Irreconcilable Differences" in Utah. Using no-fault grounds creates a less contentious situation, that can enable the parties to better negotiate the other issues.
2. Property Division. In Utah, the court will divide marital property, based on what is equitable. While some people may assume that "equitable" means 50/50 property split, the definition of "equitable" refers more to a fair division of property. Sometimes, it may be fair for the spouses to receive 50/50 division, while other times, it may be fair for the court to award more property to one party.
3. Child Custody. Often, this issue is the most hotly contested issue in a divorce. When the parties do not agree on custody, they do not agree on a major divorce issue. It is typical for a court to order the parties to have a custody evaluation done, if the parties do not agree. The trend in Utah, is to award joint custody to the parties, if both are fit and proper parents and if logistically, the parties can make joint custody work. When parties are awarded joint legal custody, the court will require that a Parenting Plan be filed as part of the order. A Parenting Plan is an outline of how the parties will handle the details of co-parenting their children, and can include procedures for the child's religious training, education, medical treatment, along with restraining orders, proceedures for exchanging the child, how to resolve disputes, and more.
Click the red button to view Legal Guide: Top Custody Considerations in Utah, by Attorney Heather Seegmiller.
4. Child Support. If there are children, it is the law that courts order child support. There are Utah Child Support Guidelines, which are used to help the parties determine the appropriate child support amount. Child Support is the right of the child, and so courts do not favor the parties attempting to bargain it away in a divorce.
5. Alimony. Utah Courts will award alimony in many circumstances. Usually the main considerations are the need of the recipient spouse, the ability of the paying spouse to pay, and the length of the marriage. Courts also consider income disparity, whether one party was an at-home parent enabling the other party to increase their earning capacity. Sometimes, courts can consider fault (such as adultery) in decreasing an alimony award or declining to award alimony.
The attorneys at SeegLawUtah are experienced in the area of family law and divorce. We have practical experience in the Salt Lake area, Provo, Utah County, and all over the State of Utah. Let our experienced and dedicated attorneys help you in your marital dissolution case.
Dissolving the marriage is the primary purpose of getting a divorce.
If the parties have children, the court will have to enter orders regarding child custody. Joint custody is most common, but courts will award one party sole custody in many circumstances.
If there is marital property, which is property acquired during the marriage, the court will need to divide it.
If a marriage is longer-term, and there is a disparity of income, alimony will probably be a consideration.
There are strict requirements about the child support meeting the Utah guidelines, but there are some circumstances where the court will deviate from the guidelines.