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How Does Divorce Work in Sevier County, Utah?
When you decide to file for divorce in Sevier County, you are starting a legal process governed by specific Utah laws. Every decision, from how you divide your property to how you will co-parent your children, must pass through the Sixth District Court in Richfield. This process does not have to be a battle, but it does require you to understand the rules.
The state has established guidelines for nearly every aspect of a divorce, including child custody, support, and the division of assets. While you and your spouse could agree on many things, a judge must approve your final settlement to ensure it complies with the law.
This system is designed to create predictable and fair outcomes. But when you are facing the stress of a divorce, these rules and procedures feel like a foreign language. If you have questions, our team at RCG Law Group is here to help. Call us at (801) 893-2887 for a clear explanation of your rights.
Key Takeaways for Utah Divorce
- Utah requires mediation for contested divorces. If you and your spouse cannot agree on every single issue, the law requires you to try mediation before you go to trial. This means a neutral third party will help you try to find common ground.
- Property is divided equitably, not always equally. Utah is an “equitable distribution” state, which means a judge will divide marital property in a way they consider fair, which might not be a 50/50 split. The court considers factors like the length of the marriage, each spouse’s financial condition, and their contributions to the marriage.
- Child custody decisions are based on the child’s best interests. When it comes to your children, the court’s only goal is to determine what living arrangement serves their best interests. A judge will examine numerous factors to make this decision.
What Is the Difference Between a Contested and Uncontested Divorce?
Your path through the Sevier County court system depends entirely on whether your divorce is contested or uncontested.
An uncontested divorce means you and your spouse agree on everything. You have already worked out how to divide your property, who the children will live with, how much child support will be paid, and whether one person needs alimony. You submit your written agreement to the court, and if a judge finds it fair and compliant with Utah law, they will likely finalize it without a trial. It is faster, less expensive, and allows you to keep control over the outcome.
A contested divorce is the opposite. It means there is at least one issue you cannot resolve. It could be a disagreement over who keeps the house, the amount of alimony, or the parent-time schedule for your children. When you cannot agree, you ask a judge to decide for you. This path involves more formal legal steps, such as discovery (exchanging information and documents), hearings, and potentially a trial.
As mentioned earlier, if your case is contested, you will almost certainly be required to attend mediation. This is a structured negotiation process where a trained mediator helps you and your spouse try to reach a compromise. Many contested cases settle during mediation, saving both parties the expense and emotional strain of a trial.
How Is Property Divided in a Utah Divorce?
One of the biggest sources of anxiety in a divorce is the question of who gets what.
This does not mean everything gets split down the middle. Instead, a judge will divide marital property in a way that is fair under the circumstances. The court looks at many factors to determine what is equitable, including:
- The length of the marriage.
- The age and health of each spouse.
- Each spouse’s occupation and income potential.
- The contributions each person made to the marriage, including non-financial ones like homemaking and childcare.
First, the court must identify what is considered “marital property” versus “separate property.”
Marital property includes almost everything you and your spouse acquired during the marriage, regardless of whose name is on the title. This includes your home, cars, bank accounts, retirement funds, and even business interests. Debts incurred during the marriage are also typically considered marital.
Separate property is anything you owned before the marriage, as well as gifts or inheritances received by one spouse alone during the marriage. Separate property generally is not subject to division, but it sometimes becomes marital property if it gets mixed with marital assets, a concept known as commingling.
For example, if you received an inheritance and deposited it into a joint savings account where both you and your spouse made deposits and withdrawals, a court might determine that you intended to make it a marital asset. We understand how to trace these assets to protect what is rightfully yours, and our high asset divorce lawyer can help ensure your financial interests remain safeguarded
How Do Utah Courts Decide Child Custody and Parent-Time?
When children are involved, the court’s focus shifts entirely to their well-being. Utah law uses the phrase “the best interests of the child” as the absolute standard for all custody decisions. A judge’s personal feelings or the parents’ wishes take a backseat to this principle.
So, what does “best interests” actually mean in practice? The law provides a long list of factors for a judge to consider, including:
- The child’s relationship with each parent.
- Each parent’s ability to provide stability and care.
- Each parent’s willingness to encourage a relationship between the child and the other parent.
- The child’s preference, if they are mature enough to express one.
- Any history of domestic violence.
There are two types of custody in Utah:
- Legal Custody: This refers to the right to make important decisions about your child’s life, such as their education, religious upbringing, and non-emergency medical care. Courts strongly prefer to award joint legal custody, which requires both parents to cooperate and make these decisions together.
- Physical Custody: This determines where the child lives. Joint physical custody means the child spends significant time, at least 111 nights per year, in each parent’s home. Sole physical custody means the child lives with one parent for the majority of the time, while the other parent has parent-time (visitation).
What Is a Standard Parent-Time Schedule?
To create consistency, Utah provides standard minimum parent-time schedules in its laws. These are often used as a starting point for parents and judges.
For children between 5 and 18, the minimum schedule includes one weeknight per week, alternating weekends, and a split of holidays and summer vacation. For children under 5, the schedule is different and gradually increases in length and frequency as the child gets older.
It is important to remember that these are minimums. You and your co-parent may agree to any schedule that works for your family, as long as it serves the child’s best interests. If you cannot agree, the court will create a schedule for you.
How Is Child Support Calculated?
Child support is a legal obligation for both parents to financially support their children. Utah uses a formula-based approach to ensure the calculation is consistent and fair across the state.
The calculation is based on the Utah Child Support Guidelines, which consider three primary factors:
- Each parent’s gross monthly income. This includes income from all sources, such as salary, wages, bonuses, and even unemployment benefits.
- The number of overnights the child spends with each parent.
- The number of children being supported.
The guidelines use a table to determine the basic child support obligation based on the parents’ combined income. This amount is then divided between the parents in proportion to their incomes. The parent with whom the child lives most of the time (the custodial parent) receives the payment from the other parent (the non-custodial parent).
The formula could be adjusted for things like health insurance premiums and work-related childcare costs. While the formula seems straightforward, disputes may arise over what should be counted as “income,” especially for self-employed individuals or those with fluctuating earnings. Our team will ensure the income figures used are accurate so that your child support order is fair.
Will I Have to Pay or Receive Alimony?
Alimony, or spousal support, is one of the most contentious issues in a divorce. Unlike child support, there is no set formula for calculating it. The decision to award alimony and the amount and duration are left to the discretion of the judge.
The purpose of alimony is to help the lower-earning spouse maintain a standard of living similar to the one they had during the marriage, and to prevent them from becoming a public charge. The law requires a judge to consider several factors, including:
- The financial needs of the spouse requesting alimony.
- The ability of the other spouse to pay.
- The length of the marriage (longer marriages are more likely to result in an alimony award).
- The recipient spouse’s ability to become self-supporting.
- Whether the recipient spouse contributed to the paying spouse’s education or career.
A judge will also look at fault. If the divorce was caused by one spouse’s misconduct, such as adultery or abuse, it could affect the alimony award. For example, a spouse who committed adultery may be barred from receiving alimony.
In most cases, alimony is temporary and is ordered for a period no longer than the length of the marriage. It automatically terminates if the recipient remarries or cohabits with a new partner. We analyze your situation to determine whether alimony is likely to be a factor in your divorce.
Frequently Asked Questions About Divorce in Utah
Do I have to live in Utah to file for divorce here?
Yes, there is a residency requirement. Before you file for divorce in Utah, either you or your spouse must have lived in a single Utah county, such as Sevier County, for at least three months immediately before filing the petition.
How long does a divorce take in Utah?
There is a mandatory 30-day waiting period in Utah from the date the divorce petition is filed before a judge signs the final decree. An uncontested divorce might be finalized shortly after this period. A contested divorce, however, typically takes several months or even more than a year to resolve, depending on the level of conflict and the complexity of the issues., and whether you have guidance from an experienced contested divorce lawyer.
Can I get divorced if my spouse doesn’t want to?
Yes. Utah is a no-fault divorce state, which means you do not have to prove that your spouse did something wrong to get a divorce. You only need to state that there are “irreconcilable differences” in the marriage. Your spouse cannot legally prevent the divorce from happening, though they could disagree on the terms, which would make the case contested.
What if my spouse is hiding assets?
Both spouses have a legal duty to fully and honestly disclose all their assets and debts. If you suspect your spouse is hiding assets, there are legal tools we use to uncover them. This process, called discovery, includes formal requests for documents, subpoenas to financial institutions, and depositions where your spouse must answer questions under oath. If a court finds that a spouse intentionally hid assets, there will be serious penalties.
Take the First Step Toward a Clearer Future
Divorce is a deeply personal and challenging process, but the legal framework in Utah provides a clear path forward. We regularly help families throughout Utah, including those in Richfield and the surrounding Sevier County communities, protect their financial futures.
If you are facing a divorce in Sevier County and want to take the next step towards a better future, we are here to help. Contact us today at (801) 893-2887 to discuss your case with an experienced Richfield divorce attorney.