Utah Divorce FAQ

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Whether your divorce is contentious or not, whether you have children or not, whether you have a lot of assets or not, whether just about anything, there is one common theme among all divorce: it is emotionally taxing. Under those circumstances, it can be easy to overlook an important matter or to compromise to something to your detriment. The team at Topham Family Law  will make sure nothing is missing and that the divorce is fair and considers your rights and interests.

Some of the most common questions asked are answered here for you. We know that informed clients make better decisions for themselves and their families. If you want specific answers that relate to your unique situation, contact us online or at 435-884-3426 to schedule a 30-minute consultation.

How much will my divorce cost?

The cost of your divorce will depend on multiple factors, but mainly it depends on whether the divorce is contested or not. Quite naturally, an uncontested divorce will not cost as much simply because the process is much more straightforward. In an uncontested divorce, you may not even see a day inside the courtroom. But in contested divorces, the costs depend on factors like:

  • The extent of the disputes or disagreements between the spouses
  • The potential for custody battles
  • The number of assets, including the allegations of hidden assets
  • The attitude of the parties toward settlement. 

Giving a precise prediction of how much your divorce will cost is impossible because of the various factors that go into it. The starting point in terms of costs is the filing fee associated with the divorce complaint, and then from there, it depends on the circumstances.

What if my spouse does not want a divorce?

You can still file for divorce even if your spouse does not want the divorce. Utah allows for a no-fault divorce which simply means the marriage has irretrievably broken down or the spouses have irreconcilable differences.  

How is child custody or support determined?

Child custody, visitation, and child support are determined case-by-case following the state guidelines.  These matters, however, are always determined by considering the "best interests of the child" standard. In general, though, courts want both parents to build strong relationships with their children. Courts also recognize that both parents are financially responsible for the child. Child custody, visitation, and child support will reflect those beliefs as the basis of the determination.

How is alimony determined?

Alimony, also referred to as spousal support or spousal maintenance, is determined on a case-by-case basis with each state having their specific, respective guidelines. Utah considers the present earning ability and future earning opportunities of the spouses. If one spouse was dependent on the other spouse through the marriage, that factor will weigh heavily on any court's decision on alimony.

How are assets and debt divided in Utah?

Assets and debt are divided according to equitable distribution approach. The division is generally equal but can equitably divided, which means the outcome could be different than 50/50. 

How do I start my divorce?

To start a divorce in Utah, you have to file a petition for divorce with the court clerk in the county in which you reside or have resided for at least the three months prior to filing.  Once the petition is filed, the other spouse has a certain number of days to answer the petition unless the divorce is a mutual one, making an answer unnecessary. The most efficient way to start a divorce is to contact us to handle it for you. This way the petition is properly filed and/or timely answered. 

Contact Topham Family Law Today

If you are thinking of a divorce or have been served divorce papers, contact us either by using the online contact form or calling us at 435-884-3426. We will schedule a 30-minute consultation so that you can get your most immediate questions answered more specifically.

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Topham Family Law is committed to answering your questions about Mediation, Family Centered Divorce, Co-parenting Services and Legal Services law issues in Grantsville, UT and throughout Tooele County, Salt Lake County, Weber County, Davis County and Utah County.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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