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When your future feels uncertain, the first step toward regaining control is getting clear, direct answers.
If you are considering a divorce in Richfield, you probably have a dozen questions running through your mind about your finances, your home, and your children. What does this process actually look like, and how do you protect what matters most?
If you need to discuss the specifics of your situation, our team at RCG Law Group is ready to provide clarity. Call us for a consultation at (801) 893-2887.
Key Takeaways for Divorce in Richfield
- Property is divided fairly, which doesn’t always mean a 50/50 split. Utah is an equitable distribution state, meaning a judge considers factors like the length of the marriage and each spouse’s financial situation to determine a fair outcome.
- If you disagree on any issue, you must try mediation. Before you ask a judge to decide contested issues like custody or property, Utah law requires you to attend at least one mediation session to attempt to reach an agreement yourselves.
- An automatic injunction restricts your actions the moment a divorce is filed. This court order, governed by Utah Rule of Civil Procedure 109, prevents either spouse from selling assets, changing beneficiaries, or taking children out of state without permission.
The First Questions on Your Mind
What Are the Residency Requirements to File for Divorce in Utah?
Under Utah Code § 30-3-1, either you or your spouse must have lived in a single Utah county, such as Sevier County, for at least three months immediately before you file the petition. If you have minor children, they generally must have lived in Utah with a parent for at least six months for the court to have jurisdiction over custody matters.
What Are the Grounds for Divorce?
Utah allows for a no-fault divorce based on irreconcilable differences. This is the most common reason given, as it simply states the marriage has broken down without repair and doesn’t require you to prove your spouse did something wrong. While the law does list fault-based grounds like adultery or cruelty, using them could sometimes increase conflict and legal costs without changing the outcome.
How Long Does a Divorce Take in Utah?
Utah has a mandatory 30-day waiting period from the day the divorce petition is filed until a judge finalizes it. An uncontested divorce, where both spouses agree on all terms, can be completed in about three months. A contested divorce lawyer can guide you through the process where you disagree on property, support, or custody, could take anywhere from six months to more than a year to resolve.
Do I Have to Go to Court?
Not necessarily for a trial. In fact, if you and your spouse have any disagreements, Utah law requires you to try mediation first. Mediation is a confidential process where a neutral third party helps you and your spouse negotiate an agreement. Many cases are fully resolved this way, which saves a significant amount of time, money, and emotional strain. An experienced divorce attorney is invaluable in preparing you for mediation and ensuring your interests are protected during the session.
How Is Property Divided in a Utah Divorce?
Understanding Equitable Distribution
As mentioned, Utah is an equitable distribution state. This means marital property is divided fairly, which may or may not be a 50/50 split. A court will look at several factors to decide what’s fair, including:
- The length of the marriage.
- The age and health of each spouse.
- Each person’s occupation and sources of income.
For long-term marriages, courts frequently lean toward a 50/50 division of complex assets. In shorter marriages, a judge may try to return each person to the financial position they were in before the marriage.
What Is Marital Property vs. Separate Property?
- Marital Property: This covers almost all assets and debts acquired by either spouse during the marriage, no matter whose name is on the title. This typically includes the family home, bank accounts, retirement funds like 401(k)s, vehicles, and investments.
- Separate Property: This generally includes assets one spouse owned before the marriage. It also includes inheritances or gifts given specifically to one spouse during the marriage. Separate property usually isn’t divided, but it could become marital property if it gets mixed with marital assets, a concept known as commingling.
What Happens to the Family Home?
The house is usually the largest asset to address. There are a few common ways to handle it.
One spouse may buy out the other’s share of the equity, the home could be sold with the profits divided, or, in some cases, the parent with primary custody of the children might be allowed to remain in the home for a set period.
How Are Debts Handled?
Debts accumulated during the marriage are also considered marital property and must be divided fairly. This includes the mortgage, car loans, and credit card balances. A complete financial disclosure from both spouses is required to make sure all liabilities are accounted for and divided properly.
What Is Alimony and How Is It Determined?
Alimony, also called spousal support, is a payment from one spouse to the other to help them maintain a standard of living similar to the one they had during the marriage. Unlike a property division, which is final, alimony is about future financial support.
A judge in Utah will consider several factors to decide if alimony is appropriate:
- Financial Need: The court first looks at the requesting spouse’s financial needs and their ability to produce an income.
- Ability to Pay: The other spouse’s ability to provide support is then evaluated.
- Length of the Marriage: The duration of the marriage is a key factor. Under Utah Code § 30-3-5(8)(j), alimony payments cannot last longer than the marriage itself, except in special circumstances.
- The Standard of Living: The court aims to balance the financial situations of both parties post-divorce.
While fault (like an affair) is usually considered, alimony is primarily based on financial circumstances. Alimony automatically ends if the receiving spouse remarries or, in most cases, moves in with a new partner.
What Happens with Our Children?
The Best Interests of the Child Standard
Every decision regarding children in a Utah divorce is guided by a single principle: the best interests of the child. The court’s primary goal is to create a stable, healthy environment where children are able to maintain strong relationships with both parents. A judge will look at many factors, including each parent’s ability to provide care and the existing emotional bonds.
What Are the Different Types of Custody?
These are the types of custody in Utah:
- Legal Custody: This is the right to make major decisions about a child’s life, things like healthcare, education, and religious upbringing. Courts often award joint legal custody, assuming it is in the child’s best interest for both parents to be involved in these decisions.
- Physical Custody: This determines where the child lives most of the time. It could be sole (the child lives with one parent more than 255 nights a year) or joint (a more balanced time split). Utah law includes a presumption for an Equal Parent-Time Schedule in many cases, but the final arrangement will depend on the family’s specific situation.
How is Parent-Time (Visitation) Determined?
Utah law provides minimum parent-time schedules that serve as a baseline. The final schedule depends on factors like work schedules and the distance between the parents’ homes. When parents share any form of joint custody, they must create a Parenting Plan. This is a detailed document outlining the time-sharing schedule, holidays, vacations, and communication rules. A well-crafted Parenting Plan, developed with an attorney’s help, could prevent many future disagreements.
What About Child Support?
Both parents have a legal duty to support their children financially. Child support is calculated with a formula that considers both parents’ gross monthly incomes, the number of overnights the child spends with each parent, and the number of children. The purpose is to ensure the child’s needs are met and their standard of living is maintained as much as possible.
Do We Have to Take Parenting Classes?
Yes. If you have minor children, Utah Code § 30-3-11.3 requires you both to complete a Divorce Orientation course, and Utah Code § 30-3-11.4 requires the Divorce Education for Parents class before a judge will sign the final decree. These courses help parents understand how divorce affects children and learn effective co-parenting strategies.
The Utah Divorce Process, Step by Step
A Clear Roadmap from Filing to Final Decree
The legal process follows a predictable path. Having a Richfield divorce lawyer to guide you could make each step feel more manageable. Here is a simplified overview of what to expect.
Step 1: Filing the Petition for Divorce
One spouse (the Petitioner) files a Petition for Divorce and other initial documents with the district court in the county where they live.
Step 2: Serving the Papers
The other spouse (the Respondent) must be formally served with the divorce papers. This is typically done by a sheriff’s deputy or a private process server.
Step 3: The Respondent’s Answer
The Respondent has 21 days (if in Utah) or 30 days (if out-of-state) to file an Answer with the court. If they agree with everything, they could file a Stipulation. If they do nothing, the Petitioner may be able to proceed with a default judgment.
Step 4: Financial Disclosures
Both parties must exchange detailed financial declarations that provide a full picture of their income, assets, expenses, and debts. This transparency is the foundation for a fair settlement.
Step 5: Temporary Orders (If Needed)
If there are immediate issues to resolve, such as temporary child custody, support, or who stays in the house, either party could ask the court for temporary orders to create stability while the divorce is in progress.
Step 6: Mandatory Mediation
As mentioned earlier, if there are any contested issues, you and your spouse must attend at least one mediation session to try and reach an agreement.
Step 7: Finalizing the Divorce
Once all issues are resolved, either through your agreement or a court trial, the final documents, including the Decree of Divorce, are submitted to a judge. After the 30-day waiting period has passed, the judge signs the decree, and the divorce is final.
Frequently Asked Questions About Divorce in Richfield
Can we use the same lawyer to save money?
No. It is a conflict of interest for one attorney to represent both spouses in a divorce. An attorney’s duty is to advocate for one person’s interests and provide them with confidential legal advice, which is impossible to do for two people with potentially competing goals.
What is a Domestic Relations Injunction?
This is an automatic court order that takes effect the moment a divorce is filed. Governed by Utah Rule of Civil Procedure 109, it prohibits both spouses from taking certain actions. For example, you cannot sell major assets, change insurance beneficiaries, harass your spouse, or take the children on non-routine travel out of state without the other spouse’s written permission or a court order.
What if I suspect my spouse is hiding assets?
The financial disclosure process requires both parties to provide a full and honest accounting of their finances. If you believe your spouse is not being truthful, we could take legal steps to uncover hidden assets. This involves issuing subpoenas for bank records, conducting depositions, or hiring forensic accountants to trace funds.
How will our case be handled if your office is in South Jordan?
We use technology like phone calls, video conferences, and secure email to handle most communication, making the process efficient and convenient for you. We travel to the Sixth District Court in Richfield for any required hearings, ensuring you have dedicated representation right where you need it without the added burden of constant travel.
Can a divorce decree be changed later?
Parts of a decree related to child custody, parent-time, and child support may be modified if there is a substantial and material change in circumstances. However, the division of property and debt is generally final and you cannot change it once the judge signs the decree.
How much does a divorce in Richfield cost?
The cost of a divorce varies widely based on how well you and your spouse cooperate.
- An uncontested case where you agree on all issues is the most affordable option because it requires less of an attorney’s time.
- A contested case that involves disputes over high-value assets, business valuations, or child custody will require more extensive legal work, from discovery and financial analysis to mediation and potentially trial, which increases the total cost.
What is a default divorce?
A default divorce may happen if you file and serve divorce papers on your spouse, and they fail to file a formal response with the court within the legal deadline (21 days in Utah). If the Respondent does not participate, the court may accept your proposed terms and grant the divorce based on your petition alone without any input from your spouse.
What happens if my spouse and I own a business together?
A business owned by spouses is a marital asset that the court must divide equitably. The first step is to get a professional business valuation to determine its true worth. From there, several outcomes are possible: one spouse can buy out the other’s share, you could continue to operate as business partners after the divorce, or you might sell the business and divide the proceeds.
The right approach depends on the business’s structure and your personal goals.
Take the First Step Toward Clarity
The decisions you make during a divorce will shape your future. Having a clear-headed advisor could help you protect what is most important to you and your family.
If you are ready to discuss your situation with a legal team that serves clients in Richfield, call RCG Law Group today for a confidential consultation at (801) 893-2887.