These are the documents necessary to actually get you divorced, distribute the property and debt or establish a final custody order.
What are the laws regarding divorce in Utah?
Property is divided by the Utah courts during a divorce. Divorce laws in Utah state that marital property should be divided equitably. This means that a Utah court could decide that it is fair to split the marital property 50-50 or they may decide that one party deserves more than 50% of the property.
How long does it take to get a divorce decree in Utah?
Utah law requires that there be 30 days between the date the petition is filed and the date the decree is signed. A party can ask the court to waive the waiting period for extraordinary circumstances.
How long does uncontested divorce take in Utah?
An uncontested divorce in Utah requires an average of 3 months to complete. A contentious divorce, on the other hand, might take 9 months or longer, depending on the complexity of marital assets.
What is a findings of fact and conclusions of law?
After many bench trials or the hearing of motions, the judge often will issue findings of fact and conclusions of law, especially if requested to do so by a party. These set forth the facts the judge found to be true and the conclusions of law he reached regarding those facts.
What are findings of fact in law?
Conclusion of fact (also referred to as finding of fact) refers to decisions made by the trier of fact on questions of fact in a case. Questions of fact arise when parties disagree on facts, and after presenting evidence, the trier of fact must decide what the facts actually are.
Is my wife entitled to half my house if it’s in my name?
It depends on who is named on the mortgage. This is called joint and several liability. You are both responsible and liable for paying the mortgage. That doesn’t mean you are both liable for half each though – if one person doesn’t pay their share, the other can still be held responsible for the whole mortgage.
How soon after divorce can you remarry in Utah?
How Soon Can I Remarry? There is no waiting period before remarriage in Utah. After your divorce has been finalized, you are free to remarry.
How long do you have to be married in the state of Utah to get alimony?
Utah law does not require a marriage be “long term” before a court can award alimony. Rather length of the marriage is but one of many factors the court considers in deciding whether to award alimony (and if so how long and the amount).
How much is alimony in Utah?
Utah divorce law is clear that the maximum alimony award a recipient spouse may receive is the amount of his or her “demonstrated need,” which in our example is $1,000 per month. (In light of this doctrine, by the way, it is vital to accurately depict your “standard of living” during the marriage.)
Can you date while legally separated in Utah?
There is nothing illegal or wrong about dating while married and waiting for your divorce as long as you are living separate and apart. Many people choose to start dating again at some point during their separation and before the final divorce decree are entered.
What is the average cost of a divorce in Utah?
In general, filing and completing a divorce in Utah will cost around $1,000-$2,000. The average cost of filing for divorce in Utah is usually around $325. If you have a contested divorce case, the costs will be between $2,000 and $6,000, depending on the complicacy of your case.
Is alimony required in Utah?
In a Utah divorce, if you have a greater income-earning capacity than your spouse, you will probably be ordered by the court to pay spousal alimony (spousal support). Utah divorce law is firm on the alimony requirement when one spouse has enough money to help his/her spouse after a divorce.
What is considered abandonment in a marriage in Utah?
According to Utah Code Section 30-3-1, abandonment or willful desertion occurs when one spouse deserts the other for more than one year. The abandonment must occur without consent or justification, and with the intent of not renewing the marital relationship.
Does it matter who files for divorce first in Utah?
Generally no, it doesn’t matter which spouse files for divorce. There is no legal advantage to filing the petition for divorce first; however, there may be strategical advantages. For example, whoever files first may get to choose which court will be hearing the divorce.
What happens after a finding of fact hearing?
What happens after a fact finding hearing? The court will make decide whether each allegation is proven as a fact. If an allegation is found proven then it can be used at a final hearing. If an allegation is not proven then it will be dismissed and not considered further.
How do you get a judge to rule in your favor?
- Your arguments must make logical sense.
- Know your audience.
- Know your case.
- Know your adversary’s case.
- Never overstate your case.
- If possible lead with the strongest argument.
- Select the most easily defensible position that favors your case.
- Don’t’ try to defend the indefensible.
What is a finding of law who decides it?
A finding, also known as a “finding of fact”, is the determination of a factual question contributing to a decision in a case by the trier of fact after a trial of a lawsuit. Depending on the circumstances, the finding can be made by a judge or a jury.
What are written findings of fact?
(n) Findings Of Fact is the decision, opinion or observation arrived by a judge or jury on the issues related to the fact that are submitted for a decision of the court. The finding of facts ultimately influence the judgment.
What does a finding of fact mean?
This is a special hearing which is arranged just to decide whether or not the allegations are true. Fact finding hearings are most common during children law cases, but can also happen during other family law proceedings such as for domestic violence injunctions, divorce or financial remedies.
What are facts and conclusions?
Facts are things that are objectively true and typically can be verified. Opinions are thoughts people have about the facts. Conclusions are logical derivations from the facts.
Does a husband have to support his wife during separation?
If you’re in the process of filing for divorce, you may be entitled to, or obligated to pay, temporary alimony while legally separated. In many instances, one spouse may be entitled to temporary support during the legal separation to pay for essential monthly expenses such as housing, food and other necessities.
Am I entitled to half my husband’s pension when we divorce?
The only way to divide your husband’s pension during the divorce will be via a court order. Whether the courts will agree to splitting the pension in the divorce will usually depend on the pension provisions of the two parties.
How do I protect my home in a divorce?
In many cases, the simplest way to keep the house in a divorce if it still has a mortgage is to refinance. The best-case scenario is for you to refinance and remove the mortgage from your ex’s name altogether. You’ll need to qualify for the mortgage on your own, so make sure to have all your financial ducks in a row.
Who gets alimony in Utah?
Generally, in determining alimony, the court considers the parties’ standard of living at the time of separation. In short marriages with no children, the court may consider the standard of living when the marriage began. Sometimes, the court will try to equalize the parties’ standards of living.