Easing a Difficult Process: Help from a Divorce Attorney

Couple in a room experiencing a disagreement. The decision to get divorced is never easy, however, with proper knowledge and expert legal guidance, the process can be less stressful for you and your family. If you are getting divorced, it is wise to familiarize yourself with Utah family law, and perhaps seek the help of a divorce attorney. Froerer & Miles in Ogden, UT, has been assisting northern Utah clients with divorce and other family law matters since 1959.

Every marital dissolution is unique, and the best way to find answers to your questions is to meet with an experienced family law attorney. To set up a personal consultation, contact our office today.

Divorce Law in Utah

To file for divorce in Utah, at least one of the parties must be a resident of the state, residing in the county of filing for at least three months. Divorce is initiated by the “petitioner” spouse, and the other spouse, known as the “respondent” must file a reply. If no answer is filed within the time period specified in the summons, the petitioner can move for a default judgment. A default judgment is a binding decision in favor of one party based on the failure to take action. It is most often granted in favor of the plaintiff, or petitioner. 

State divorce laws differ, but most, like Utah, grant divorce on both a “no fault” and “fault” basis. A no fault divorce cites “irreconcilable differences” or can be granted after a couple has lived apart for three years under a state-issued “separate maintenance order.” Because a no fault divorce is easier and less expensive, this is a common choice for many clients.

The grounds for a fault-based divorce fall into one of eight basic categories: impotency, adultery, willful desertion, willful neglect, habitual drunkenness, felony conviction, cruel treatment causing bodily injury or great mental distress, and incurable insanity.

Divorce: The Steps Involved

The waiting period from time of initial filing to final judgment is 90 days, although special circumstances can allow for a waiver to obtain a divorce more quickly. Temporary orders are often sought, to provide for support and other immediate needs, prior to establishment of a permanent plan.

At Froerer & Miles, we provide valuable counsel honed from years of experience litigating divorce cases in family court. Whenever possible, we encourage resolving differences through alternative dispute resolution, and strive to keep children's best interests at the forefront.

The primary issues to be resolved in any dissolution pertain to property division, alimony, child custody, visitation, and child support. Partners who have been married for only a short time, have no children, and few assets to divide can have a simple, uncontested divorce.

Marriages of longer duration with shared property and debts tend to be more complex, and children’s issues can create potentially difficult disputes. The courts routinely require mandatory mediation for contested issues and divorce education classes when minor children are involved.

Alimony, or spousal support, is another area that often leads to disagreement between couples. Depending on the individual circumstance, alimony may be awarded to the spouse who has lesser earning capacities, or has given up a career to stay home with children. In Utah, alimony may not be ordered for a longer period than the length of the marriage, and discontinues upon the recipient’s remarriage. Cohabitation also terminates alimony, but a petition must be filed with the court before payments can be halted.

At Froerer & Miles, we provide valuable counsel honed from years of experience litigating divorce cases in family court. Whenever possible, we encourage resolving differences through alternative dispute resolution, and strive to keep children's best interests at the forefront.

Contact Us

Whether you are beginning the divorce process, or are seeking modification or enforcement of a divorce decree, Froerer & Miles can provide you with the expert assistance you need. To arrange a consultation with a family law attorney, contact us today.

Nav Map