Divorce is almost always a difficult and confusing process for anyone who goes through it, and there are several questions that people ask when they are considering ending their marriage.

Our attorneys at Brown Law in Salt Lake City can help you understand the divorce process and answer your questions. Below are frequently asked questions regarding divorce that you should become familiar with.

The law states that at least one of the people getting the divorce needs to have lived in a single county within the state for three consecutive months before filing a divorce petition. If there is a custody issue with minor children, in most cases the children need to have resided with at least one of the parents for six months before the divorce petition is filed.

Special requirements apply to Utah divorces if there are unsettled or contested issues in the divorce or if the couple has minor children. Contested issues require that the couple go through the mediation process to try and work out as many of their issues as possible without asking a judge to make the decision. When the couple has minor children, they are required to take divorce education classes before a divorce can be issued.

Divorces in Utah can be no-fault divorces or fault divorces. The grounds for divorce determine which type it will be. In most cases, couples seek a no-fault divorce because the process is simpler, faster, and less expensive.

Two of the grounds that may be listed on the petition are no-fault grounds, which include irreconcilable differences and living apart for three consecutive years without cohabitation under a decree of separate maintenance by any state.

For a fault divorce, certain grounds must be proven to file a fault divorce. The grounds can include:

  • Impotency at the time of marriage
  • Committing adultery
  • Willful desertion by the respondent for at least a year
  • Willful neglect by the respondent to provide petitioner common necessaries of life
  • Habitual drunkenness of respondent
  • A felony conviction
  • Cruel treatment resulting in bodily injury or mental distress
  • Incurable insanity

The length of the divorce process can vary depending on the individual issues surrounding the divorce. In most cases, it will take a minimum of three months from the time the petitioner files for divorce before a judge signs the divorce decree, making it final due to Utah’s 90-day waiting period. Divorces that are contested, or that have several complex issues to be resolved, will often take additional time.

We Can Help. Contact Us.

Our lawyers can help make sure necessary forms are filled out correctly. We can help you strategize in order to determine the best way to move forward to the next chapter in your life. Call our law office at 801-685-9999 or 800-656-3260, or send us an email to schedule a divorce consultation. We speak Spanish and Italian.

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While this website provides general information, it does not constitute divorce advice. The best way to get guidance on your specific divorce issue is to contact a lawyer. To schedule a divorce consultation with an attorney, please call or complete the intake form above.

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