Choosing to end a marriage is never an easy decision, and it is unlikely that it came suddenly. Sometimes, both spouses make the choice; other times, it is one-sided. Regardless, divorces can be emotionally draining and often bring out the worst in people, even if it is mutual.
If you are looking to end your marriage, you could find support from a Lehi divorce lawyer. The process is complex, and there are several aspects that require consideration on top of the emotional toll. Let a devoted family attorney help you navigate through these challenges so you can move forward with your life.
Filing for Divorce
Whether the divorce is initiated by one spouse or it was a mutual decision, the first step in the process is to file a petition in the proper court, which is determined by the county that the couple has lived in for at least the past three months. The petition must include a valid reason for seeking the divorce, outlined in Utah Code § 81-4-405. These include:
- Unfaithfulness
- Habitual intoxication
- Conviction of a felony
- Cruel treatment that caused physical injuries or emotional distress
These are not an exhaustive list. Irreconcilable differences are another ground upon which a court may grant a divorce. Irreconcilable differences mean that the parties’ marriage is so irretrievably broken that continuing the marriage has become impossible. Most petitions for divorce are filed on the grounds of irreconcilable differences.
After filing the petition, the spouses can begin working together on a divorce decree. If the parties cannot come together on an agreed-upon solution, the court will decide for them. This legal document ends the marriage and sets out how their assets and properties will be divided, along with other matters related to the marriage.
If the parties cannot come to an agreement, they must try other methods. One method is mediation, where the parties try to resolve their differences through a neutral third party. If mediation fails to resolve the issue, the couple will proceed to trial as a last resort. Here, both parties present their case to a judge, who makes a decision on the disputed issues.
When the decree is finalized and signed by the judge, the couple are considered divorced. Reaching this point can be lengthy and emotionally taxing. This is why anyone seeking to end their marriage in Lehi should have a divorce attorney by their side to provide needed support and guidance.
Outlining Property and Child Arrangements in the Decree
The divorce decree is a legal contract between the ex-spouses that details how properties that the couple acquired during the marriage, and sometimes before, are divided. These could include real estate properties, assets, debts, and personal items.
The decree could also set terms for alimony payments if needed, but this is not automatic. The judge considers several factors regarding each spouse’s financial condition, earning capacity, and standard of living during the marriage when deciding whether to award or deny alimony.
Lastly, and perhaps most importantly, the decree covers issues with the children, like child custody and support payments. Physical custody includes which parent the children will physically live with, and legal custody determines which parent will make decisions about the children’s lives. Every situation is different, and custody arrangements may be adjusted to fit the family’s specific needs. Child support is typically the responsibility of both parents, but the court may modify the guidelines based on custody and each parent’s financial circumstances.
A divorce lawyer in Lehi could ensure that the decree is fair and outlines all relevant issues. It can feel overwhelming, but our firm is dedicated to helping families navigate the legal process.
Reach Out to a Lehi Divorce Attorney
Like marriages, every divorce is different, and each soon-to-be ex-spouse will have their own needs during the process. A Lehi divorce lawyer could work toward a fair outcome and protect your interests.
Whether it is an amicable split or a contentious dispute, you could have one less thing to worry about with a compassionate attorney by your side. Talk to a lawyer about your needs and start working towards a resolution today.