Divorce happens after a married couple does not want to be legally married and/or living together anymore; it is legally dissolving a marriage. How Much Does A Divorce Cost In St. George, Utah?There is a lot that goes into the divorce process. Filing for divorce costs alot in Utah, however, there is a lot more to a divorce than just a small fee. • Mutually agreed divorce: When a couple can agree on the terms prior to them filing for divorce, the cost can be significantly lower than if they are not on agreeing terms. The average cost of a divorce when both parties already agree on all terms for the divorce can be as low as $100-$400. When they are not on agreeing terms, it can involve divorce attorneys. Most divorces are far more expensive than just a few hundred dollars. How Long Does A Divorce Take In St. George, Utah?Utah divorce law says that a divorce has a minimum 90 day mandatory waiting period; this is a time where the spouses should ‘cool off’ and helps many people make rational decisions because emotions won’t be so high. Once the 90 day waiting period is over, the divorce may be completed – it will take at least 90 days to complete What Is An Uncontested Divorce?An uncontested divorce means that all of the aspects of your divorce have been agreed upon between you and your spouse. If you and your spouse can discuss and reach an agreement as to all the terms that you would like incorporated in your Decree of Divorce (and Parenting Plan if there are minor children), you can save your family thousands of dollars, and spare your family months if not years of litigation. How Do I Obtain An Uncontested Divorce?After meeting with you and collecting the necessary information, Lawyer prepares a Stipulation, that will contain all the necessary provisions that you and your spouse have agreed to, as well as all the provisions required by Utah law. After the Stipulation is signed by both parties, Lawyer will prepare all the additional documents necessary to obtain your Decree of Divorce from the court.Why Do I Need An Attorney If My Spouse And I Have Reached An Agreement On Our Own?Even if you and your spouse have reached your own agreement, and/or utilized the court’s online assistance program, you should meet with an attorney to ensure that you have included all the necessary provisions in your divorce decree. Unlike most civil cases, divorce proceedings never really close. A decree of divorce can be modified if there is a substantial change of circumstances, or reopened if the parties neglect to include a necessary provision. Modifications can be extremely costly and time consuming. You want to get it right the first time. Additionally, if you have minor children you may need to include a Parenting Plan which you will have to live with, and abide by, until your youngest child reaches the age of majority. You owe it to yourself and your family to meet with an attorney to make sure you has addressed not only the issues you and your spouse are currently facing, but also the issues and contingencies that you may be faced with in the future. What If My Divorce Becomes Contested?Unfortunately, many couples cannot reach an agreement or stipulation on their own. If you and your spouse cannot reach an agreement, A Lawyer can represent you at our hourly rates. The majority of contested divorces eventually resolve through settlement, and very few end in trial. Utah Law dictates that before a court will hold a trial in a divorce proceeding, the parties must attempt to resolve the matter through mediation. The Difference Between a Divorce and an AnnulmentThere are two options for legally leaving a marriage: divorce and annulment, and there are several similarities and differences between the two. Legally, some of the biggest differences include the type of evidence that is required to obtain an annulment vs. a divorce and the obligations to and from the former spouse with each ruling. Many religions define divorce and annulment as well, and the legal ruling does not necessarily have to align with the religious designation. The biggest difference between a divorce and an annulment is that a divorce ends a legally valid marriage, while an annulment formally declares a marriage to have been legally invalid. Divorce: A legal dissolving, termination, and ending of a legally valid marriage. A divorce ends a legal marriage and declares the spouses to be single again. No-fault divorces, in which neither party is required to prove fault on the part of their spouse, is legal in every state, though some require that the couple live apart for a period of time before either can file. “Irreconcilable differences” is often cited as grounds for a no-fault divorce. Common grounds cited for fault divorces can include things like adultery, imprisonment, or abandonment. Regardless of type, the divorcing couples may still have disputes about property, finances, child custody, and more that must be settled through court orders. Fault divorces can lead to larger settlements for the party without fault. Annulment: A legal ruling that erases a marriage by declaring the marriage null and void and that the union was never legally valid. However, even if the marriage is erased, the marriage records remain on file. Note that a religious annulment is not a legal dissolution of a civil marriage. There are different reasons for pursuing a divorce versus an annulment. At the core, ending a marriage is generally because one or both spouses want to leave the union. A divorce, which is much more common, is sought when the parties acknowledge that the marriage existed. An annulment is sought when one or both of the spouses believe that there was something legally invalid about the marriage in the first place. An annulment ends a marriage that at least one of the parties believes should never have taken place. If the marriage took place despite unknown facts, such as a secret child, or even a secret illness, it may be voidable. An annulment can also end a marriage if the marriage was not legal to begin with. This might occur if issues such as bigamy or incest made the marriage illegal. The legal grounds for obtaining an annulment vary between states, but typically include reasons like the following: Length of the MarriageOften, people assume that a very brief marriage can be ended with an annulment due to the short duration. However, legal experts disagree. While many states will not grant an annulment after a certain length of time, there is not an automatic annulment granted to end a marriage because the couple wants to end it after a short period of time. The marriage still has to meet one or more of the conditions above in order for it to be annulled. Legal AssistanceBoth types of marriage dissolution can be fairly complicated from a legal standpoint, requiring costly and lengthy legal proceedings. And both start the same way, with one or both of the spouses formally asking the court for either a divorce or an annulment. Either a divorce or an annulment can also be simple and low-cost if both parties agree to end the union without too many disputes or disagreements about how to do so. After a Divorce or AnnulmentAmong the differences between the two types of marriage dissolution: After an annulment, the marriage is considered to have never legally happened. It is as if the clock is turned back to before the marriage. After a divorce, the former spouses may still have obligations to each other, such as spousal support, joint childrearing, and division of shared property. Finances After Divorce vs. AnnulmentAfter a divorce, spouses are often entitled to a certain number of years of spousal support, alimony, or a portion of each others’ profits or property gained during the marriage. With an annulment, in contrast, the parties are not really considered to have been valid spouses and are not entitled to these same rights. Instead, they will revert to the financial state they were in prior to the marriage. Religious RulesMany religions have guidelines regarding divorce and annulment. Often, permission is granted by religious clergy or by written guidelines. Obtaining permission to have an annulment or a divorce from your religious leaders is usually a completely separate process from the legal process. The rules regarding divorce and annulment in your religion often determine whether one, both or neither of the partners has permission to marry again within the religion or in a religious ceremony or to participate in religious rituals. A court of law may consider your religious marital status but does not have to recognize the religious determinations when making rulings about spousal support, property disputes, or any other legal issues. Determining the Division of Property During a DivorceUtah domestic courts focus on providing equality to both parties. When going through a divorce, certain assets will need to be split between both parties. Division of property in Utah can be complicated as each case is unique. Utah recognizes two types of property in a divorce case: separate property and marital property. Separate PropertySeparate property is defined as property belonging to one spouse. The property owned by the spouse is normally acquired before the marriage, or property left to that person through a will of a deceased loved one or acquaintance. Marital PropertyMarital property is deemed as property acquired during the marriage. Both parties may or may not be on the deed to the property together, however the property is normally paid for during the marriage. The courts will consider several factors when determining how to divide property including: Debt and DivorceMarital debt is split during the divorce. Something that is not discussed is the role of the debtor in the new arrangement. Even if the debt is joined and your spouse agrees to pay for it, your credit can still be hurt if they fail to make payments. If your spouse incurred debt you were unaware of, you can be legally responsible for this debt as it is deemed joint debt. To protect you financially, Lawyer focus on full disclosure during settlement negotiations by requiring both parties to list all debtors, account numbers, and current amount of debt. St. George Utah Divorce LawyerWhen you need a divorce in St. George Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Utah Criminall Code 76-5-102.6 Corporate Lawyer Herriman Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Divorce St. George first appeared on Michael Anderson.
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