Filing for Divorce in Utah Online
When entering into marriage and saying the words ”until death do us part,” most people really do hope that the marriage will last for life. Unfortunately, 70% of marriages break up not because of the death of one of the spouses, but because of more mundane things. Unsatisfactory living conditions, the unbearable temper of one of the spouses, selfishness, financial difficulties, and other circumstances can ruin any marriage.
And even if it is sometimes difficult to admit that your “happily ever after” wasn’t what you hoped, do not despair. There are many good things that can happen in your life after a divorce. So it is worth taking this step, so that your life can sparkle again with new colors.
Divorce in the United States is a long, complicated, and expensive process, mainly because each state has its own divorce rules. For example, in Utah, the law allows for getting a divorce based on a specific list of grounds, both fault and no-fault. In contrast, some of the other states have a system of only no-fault marriage dissolution.
Scenarios of divorce are very diverse, from lengthy litigation to peaceful decision-making. And if the spouses agree to get a divorce, it can be obtained online.
Online divorce in Utah
Divorce over the Internet is a popular option for couples who want to save time and money. In Utah, the cost of such a divorce is much lower than if you hire a lawyer. Online services provide their clients with the divorce papers that are required by the court. The forms are chosen and completed based on your answers to a questionnaire. Your only task is to download and print them, sign the divorce documents, and then file them with the court.
Keep in mind that the court will charge a filing fee (around $318 in Utah) at the time that the Petition is filed. And any new motions filed after the process is initiated will increase the overall cost of your divorce.
Online divorce in Utah is relatively inexpensive. With an affordable price of approximately $300, you get your completed paperwork kit along with 24/7 support and guidance through the whole process of the marriage dissolution.
Conditions to filing for divorce online
Not every marriage can be dissolved with the help of online services. Only cases of uncontested divorce are eligible for marriage dissolution online. “Uncontested” means that both spouses agree on all the essential conditions of the divorce including child custody and visitation, alimony, and the division of all shared assets and debts. The terms of the divorce are typically put in a settlement agreement signed by both parties for the judge to review. In the event of complicated issues regarding children or property, a judge has the right to decline the settlement.
If you and your spouse have determined that your divorce is uncontested, make sure that you comply with the conditions listed below.
Determine grounds for divorce
In Utah, there are two categories of grounds for divorce: fault and no-fault. No-fault grounds include “irreconcilable differences,” which mean that the spouses can no longer live together as a married couple. In fact, you do not have to clarify the exact reasons and differences. The other no-fault ground is legal separation and separate cohabitation for more than three years. Note that in this case, you and your spouse must have lived separately continuously, without the renewal of your relationships.
Fault-based grounds may affect the decision on further child support and custody, the amount of alimony, or the property distribution. In Utah, such reasons include:
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the impotence of one of the spouses during the marriage;
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adultery by the respondent at the time of marriage;
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intentional abandonment (desertion) for at least one year;
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willful neglect, which consists in the failure to provide for vital needs of the other spouse;
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alcohol addiction of a respondent;
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committing a felony by a respondent;
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cruel treatment that causes physical or severe mental suffering;
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and incurable mental illness of one of the spouses.
Check the residency requirements
To be able to file for divorce, you need to meet the residency requirements. According to Utah law, at least one of the spouses has to be a bona fide resident of a single county for a minimum of 90 days prior to the filing. This rule also applies to non-resident military members. If you have minor children for whom divorce can become a problem, the children must have lived in Utah with one of their parents for at least six months prior to the filing.
To prove your residence, you will have to use an ID card, Utah driver’s license, or a voter’s card, along with some other documents.
Agree on the property division
During the marriage, the couple usually acquires property, assets, and financial liabilities, such as debts and mortgages. To be eligible to get divorced without an attorney, you have to decide how to divide the property. In complicated cases, you should get professional help to avoid possible mistakes. If you leave the decision to the court, the judge will distribute it according to state laws.
Determine the amount of maintenance
Alimony, or maintenance, is a certain amount of money that one spouse pays to the other to support them financially after the divorce. Child support money is not included in the alimony. Typically, the gender of a spouse seeking maintenance is not important. When making a joint decision, you can determine whether either of you will need spousal support. If so, clarify the amount, and the time period (how long payments should last).
When trying to persuade your spouse for financial support after the marriage, you can appeal to their income capacity, length of your marriage, or even child custody issues. Naturally, the person who has guardianship over children has to maintain proper living conditions for them.
Agree on child custody and support
If you have children, you should be very careful when making decisions about their custody. This is probably one of the most challenging aspects of any divorce. You should decide who will be the custodial parent and make a schedule of visitations for the other spouse. Keep in mind that a judge may decline to change your agreement if it threatens the child’s health and well-being.
The amount of child support depends on how many children you have, their living conditions, and sometimes age. In fact, many factors can affect this decision. Again, try to reach a mutual agreement with your spouse, or else you will have to resolve your conflict in court.
When dissolving a failed marriage, you lose your spouse, but in return, you gain the opportunity to find happiness. Life is too short to spend it on conflicting people and unhealthy relationships. If you feel that your marriage only brings feelings of dissatisfaction, it is time to end it.
At first, divorce may be a shock, but later, you will be able to turn this page and begin writing a new chapter in your life. Most likely, it will be much more interesting than the previous one. According to studies, both men and women feel much happier after the divorce because they finally understand what they really want from life.