Parent-time, also known as “visitation,” means the time the non-custodial parent spends with a child. When parents cannot agree on a parent-time schedule, state law provides for a minimum parent-time schedule: Children 5-18 (Utah Code Section 30-3-35)
Table of Contents
How much does a divorce lawyer cost 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.
What are fathers rights in Utah?
In Utah, being a father gives you the right to pursue custody and visitation of your child, and to make decisions regarding your son or daughter. These rights apply whether you are married or not, but you may have to fight for them, especially in the case of divorce.
Does it matter who files for divorce in Utah?
Overall, it does not matter if you are the one to file or if you are not. The petitioner and the respondent are considered equals in Utah law, and both parties will be able to speak their case to the court.
How long does it take for a divorce to be finalized 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. Yet, even the fastest marriage termination won’t be shorter than 30 days which equals the divorce waiting period in Utah.
What is the most common child custody arrangement?
Joint custody, where both parents have custody of all children involved, is preferred and is the most common arrangement, if conditions allow.
What do judges look for in child custody cases?
The most basic part of the “best interests” standard is that custody decisions should serve the children’s health, safety, and welfare. Judges will look at whether one or both parents are able to handle a child’s special educational, medical, mental health, and other needs.
What age can a child refuse visitation in Utah?
The court will consider the child’s wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule. Usually the court will not consider child’s preference unless the child is at least 14 years old.
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.
Who gets the house in a 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.
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.
Is Utah a 50 50 divorce state?
Utah is NOT a community property state, which means that marital property is not automatically divided 50/50 between the spouses in a divorce case.
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.)
Who pays for a divorce?
There appears to be a myth that the person being divorced (known as the Respondent) always pays the fees for a divorce, when in reality this is not the case in the majority of divorce cases. The person filing for the divorce (known as the Applicant) will always pay the divorce filing fee.
Do I have to pay child maintenance if it’s 50 50 custody?
If you have shared care for at least 52 nights a year, you don’t need to pay any child maintenance.
What age is best for week on week off custody?
The maturity of each child, in addition to the bond between the child and each parent, are just as important as age. Our attorneys have seen 7 year olds handle a week on / week off schedule better than some 11 year old kids. With that being said, one blanket approach won’t be beneficial for all.
Do you pay child support with joint custody?
Do you pay child support with joint custody? The short answer is: yes. Shared parenting arrangements that include joint physical custody do not negate child support obligations between parents. But there are many key factors that may affect the amount of child support owed.
Is Utah a mother or father state?
Utah is widely considered to be a state that favors mothers over fathers.
What makes a parent unfit in Utah?
According to Utah child custody laws, an unfit parent is one who fails to provide proper care, support, and guidance for his or her child. A parent is also unfit if he/she neglects or abuses the child or has substance abuse disorder.
How long do you have to be married in Utah to receive 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).
Does Utah require counseling before divorce?
Utah law provides that the court may require counseling before granting a divorce. The purpose of the counseling is two-fold: to see if the marriage could be held together, and if not, then to better prepare the parties for their new roles as unmarrieds.
Does cheating affect alimony in Utah?
Regardless of the type of divorce you file, Utah courts will consider adultery when determining whether and how much alimony to award. But, it’s not a factor when dividing the couple’s property.
Can you date while 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.
How is property split in a divorce in Utah?
Generally, the court will divide all property acquired during the marriage (marital property). Courts recognize that both spouses contribute to marital property.
How much does it cost to file for divorce Utah?
The filing fee for a divorce in Utah is $333.00. That fee is paid directly to the Court when you file your divorce papers. Our fee for the Do-It-Yourself Divorce without minor children (for an action not involving custody of minor children) is $575.00.