A Divorce, Custody and Parenting Time Lawyer Serving West Jordan and Salt Lake
While every divorce situation is different, the following questions and answers represent common concerns faced by people who are going through or considering a divorce.
We have experience with hundreds of divorce cases involving challenging issues of domestic violence and termination of parental rights, as well as more common issues like child custody, child support and the division of assets. Contact us for specific advice about your situation.
Frequently Asked Divorce Questions
When can I file for a divorce? A divorce can be filed in Utah if you or your spouse is a resident of the state and county for at least three months before filing the divorce complaint.
Can I get a divorce if my spouse lives out of state? You can get a divorce if your spouse lives out of state, but the court must find it has jurisdiction. The court may have jurisdiction when there is a substantial connection between the parties, the marriage and the state of Utah. You need to give your spouse notice of the divorce action. If you cannot locate your spouse, you may ask the court for permission to give notice by publication.
What is the Divorce Parenting Class? Parties with minor children are required to attend a two-hour divorce education course. This course educates divorcing parties regarding children's needs during and after the divorce process. In 2005, an optional children's education class was started. This class is for children and designed to teach children about divorce and how to communicate their feelings.
How is child support calculated? The court uses statutory guidelines to calculate child support. The guidelines include the parties' incomes, the number of children and previously ordered child support and alimony. The child support obligation follows the minor children. In the event that the children live with the noncustodial parent, the former custodial parent should pay child support based on the percentage of the parties' combined gross incomes and the total child support obligation.
When does the court award alimony? There is no set formula for calculating alimony or spousal support. The court considers several factors, including the financial condition and needs of the receiving spouse, the earning capacity of the receiving spouse, the ability of the payor spouse to provide support and the length of the marriage.
What happens if my spouse or I move out of state? If a parent moves 150 miles from his or her residence, the relocating parent should provide written notice of his or her move. The written notice should affirm that the parent-time provisions in U.C.A. 30-3-37 or that a schedule approved by both parties will be followed. Either party may request a court hearing to review the relocation and parent-time schedule. The court will consider the reason for the parent's relocation, the additional costs or difficulty to both parents in exercising parent time and the economic resources of both parents. Unless otherwise ordered by the court, the minimum parent-time visitation schedule for the noncustodial parent found in U.C.A. 30-3-37 includes: 1) In odd years, Thanksgiving holiday beginning Wednesday until Sunday and spring break beginning the last day of school before the holiday until the day before school resumes; 2) In even years, the entire winter school break period and the fall break beginning the last day of school before the holiday until the day before school resumes; and 3) Extended parent time equal to one-half of the summer or off-track time.
What is mediation? Parties are generally required to participate in at least one session of mediation in contested cases. Parties meet with a neutral third-party mediator and are encouraged to explore options and work out a mutually acceptable settlement. If the parties cannot reach an agreement at mediation, the case moves forward to trial and the court will make a decision on all remaining contested issues.
Contact Us for Assistance With Your Divorce Situation
If you are searching for a Salt Lake City divorce attorney, FAQs will not address all your concerns. We offer experience with many divorce scenarios and can answer your specific questions. Contact us to learn more.