Utah Divorce Attorneys
Practice Areas
If you're thinking about filing for divorce or in the middle of one, you need a supportive and knowledgeable ally by your side. At Preston Day Law, we have guided countless Utah residents in Utah County and Salt Lake County through this challenging time. Led by experienced attorney, Preston Day, we provide clear and empathetic legal counsel to help you understand every aspect of the divorce process.
Why Choose Preston Day Law for Your Divorce?
Divorce is more than just the legal dissolution of a marriage—it is a significant life transition that can affect every aspect of your life. Our attorney brings years of experience and a compassionate approach to every case, so you feel supported and understood throughout the process.
We are well-versed with the ins and outs of Utah divorce laws and with all aspects of divorce, from asset division to child custody arrangements. What sets us apart is our dedication to open communication and personalized service, which allows us to tailor our approach to your situation.
Divorce Laws in Utah
A Utah divorce can be complicated, but understanding the basics can ease the process for you. Utah is a no-fault divorce state, meaning neither party needs to prove wrongdoing to file for divorce. However, the petitioner must cite irreconcilable differences as the basis for the divorce.
Residency Requirements
Before filing, at least one spouse must have been a resident of Utah for a minimum of three months. If children are involved, they must have lived in Utah for at least six months for the court to have jurisdiction over child-related issues.
Waiting Period
Utah law mandates a 30-day waiting period after filing before the divorce can be finalized. However, this can be waived under certain circumstances.
Property Division
Utah follows equitable distribution laws, which means that marital property will be divided fairly, but not necessarily equally, between the spouses.
Child Custody and Support
The court prioritizes the best interests of the child when determining custody arrangements. Factors considered include the child's relationship with each parent, the parents' ability to cooperate, and the child's adjustment to home, school, and community.
Alimony (Spousal Support)
Alimony may be awarded to either spouse based on several factors, including the duration of the marriage, the financial condition and needs of the recipient spouse, and the ability of the paying spouse to provide support. The court also considers the recipient's ability to earn and the standard of living during the marriage.
Mediation Requirement
Before proceeding to trial, Utah law generally requires couples to attempt mediation in order to resolve disputes amicably. This step can help reduce court costs and encourage cooperation between spouses in reaching a mutually agreeable settlement.
Steps in the Divorce Process
Understanding the steps involved in a Utah divorce can help you handle it more confidently.
Initial consultation: Your first step towards resolution starts with a consultation. During this meeting, we will discuss your situation, answer any questions, and craft a strategy tailored to your needs.
Filing the petition: We will help you prepare and file the necessary divorce petition, so all documents meet legal standards and comply with Utah's requirements.
Response and discovery: Once the petition is filed, the other party has a set time to respond. During this phase, both parties gather and exchange information relevant to the divorce, such as financial data and parenting plans.
Negotiation and settlement discussions: Our goal is to reach a fair settlement that satisfies both parties. We will work on negotiating terms for property division, custody, and support, striving to avoid court whenever possible.
Court proceedings: If a settlement cannot be reached, we will proceed to trial, where our attorney will present your case in court. Our extensive courtroom experience makes sure you receive skilled representation.
Finalization: Once all terms are agreed upon or ruled by the court, the divorce is finalized through a decree, legally ending the marriage.
Post-divorce order enforcement: After the divorce decree is issued, complying with the court's orders is essential. We assist clients in addressing any non-compliance issues, such as unpaid alimony or child support, by seeking enforcement through the legal system.
Modification of orders: Life circumstances can change post-divorce, necessitating adjustments to custody, support, or alimony arrangements. We help with the modification process, so that new orders reflect any significant changes in financial situation or family dynamics.
Divorce Attorney in Salt Lake County, Utah
At Preston Day Law, our clients’ needs come first. We prioritize clear and compassionate communication to build trust. Our attorney combines knowledge and empathy for the best outcome for your divorce. As a former prosecutor, he offers valuable insights into Utah laws. We assist you every step of the way, providing the legal support and guidance you need during this difficult time. Call us to schedule a consultation in Salt Lake County and Utah Coun