What It Is

Emotionally, divorce is one of the most painful experiences a person may ever have. Legally, divorce is simply the termination of your legal relationship with your spouse. Utah is a no-fault state, meaning the court does not require you to prove who was responsible for causing the divorce. Rather, if either or both spouses no longer want to be married to the other, the court will grant a divorce based upon “irreconcilable differences” once all prerequisites are completed.

Common Issues Addressed in Divorce

Numerous issues are addressed as part of a divorce. Examples include, but are not limited to, which person receives certain items of personal property (such as cars, furniture, appliances, pets, etc.); which person receives the real property (house); which person should be responsible for specific debts; whether either person should receive spousal support (alimony); and, division of any retirement benefits accrued during the marriage. If there are minor children born or adopted as part of the marriage, additional issues include child custody; parent-time (previously referred to as “visitation”); child support; health care for the children; child care for the children; and, tax exemptions associated with the children.

Do I Need a Family Lawyer?

You are not required to have a lawyer represent you in court. Many of the forms required to complete a divorce can be found online at: http://www.utcourts.gov/. That being said, it is always a good idea to consult with a family lawyer regarding your legal rights and obligations before deciding whether to proceed on your own. Please contact Ms. Warner for a free thirty minute consultation to discuss your options.


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