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Divorce Questions:
1. What is a premarital agreement? Should everyone have one?
A premarital agreement is a written agreement that two people sign prior to getting married. It is intended to clarify any questions that
might come up, usually regarding property.
It allows the parties to protect assets that they had acquired prior to the marriage. Premaritals are often used by older couples who both have assets from prior marriages and want to insure that the children from their first marriage get their parent’s assets upon the death of the parent.
The decision regarding whether you need a premarital agreement is one that should be carefully considered.
People with similar circumstances will make completely different decisions. If you are concerned, it would be advisable to contact an attorney and discuss the issues.
2. My husband and I are getting a divorce. What is the legal procedure?
Divorce can be a complicated process. The difficulty and the length of time it will take to get a divorce depends on the ability of the parties
to agree, whether there are issues with children, and whether there are complex issues with property or assets. Divorce can be accomplished through an agreement of the parties that is filed with the court and
approved by a judge after a hearing on the grounds. If the parties do not agree, one party (the Petitioner) will have to file a divorce complaint which sets forth what they believe should happen in the case.
The other party (the Respondent) will then have the choice to answer or allow the Petitioner to get what they have requested. If the Respondent disagrees with what was requested, there will be a process of litigation which may eventually end in a trial.
If you want to file your own forms, the court provides the opportunity to complete those forms. The site is:
http://168.177.211.91/html/ListOfApplications.html
3. Do we need an attorney?
Court proceedings are rarely simple.
There are specific documents that need to be filed in a case. Most people have difficulty getting the paperwork done correctly. There is no requirement that you have an attorney represent you. You may appear on your own behalf (pro se). You may not have another person who is not an attorney represent you. You will need to decide whether you believe that your rights will be protected without an attorney.
For further information you may want to look at the information on the court site at: http://courtlink.utcourts.gov/howto/divorcen.htm#Lawyer
4. Can we use the same attorney?
Click here for answer
5. How do I find an attorney to represent me in the dissolution of my marriage?
6. What if we don’t want to use an attorney? Can we do it on our own?
You have the legal right to appear in a court proceeding on your own behalf without an attorney. You cannot have someone who is not an attorney
represent you. If you want to prepare the documents on your own and appear in court by yourself, that is acceptable. The courts have developed a system you can use to prepare your own forms.
You can access that site at:
7. What is an annulment? How is it different than a divorce?
http://courtlink.utcourts.gov/howto/divorcen.htm#Annul
8. What is divorce education? Am I required to take it?
http://courtlink.utcourts.gov/howto/divorcen.htm#Ed
9. What will a divorce cost?
http://courtlink.utcourts.gov/howto/divorcen.htm#Cost
10. How long do I have to have lived in Utah to get a divorce?
http://courtlink.utcourts.gov/howto/divorcen.htm#Residency
11. How long does it take to get a divorce in Utah?
http://courtlink.utcourts.gov/howto/divorcen.htm#Time
Alimony Questions:
1. What is alimony? What is required to get a order for alimony?
http://courtlink.utcourts.gov/howto/divorcen.htm#Alimony
2. When does alimony end?
Alimony generally terminates upon remarriage or cohabitation. The terms of a decree can specify a different period.
3. Will the Office of Recovery Services enforce my alimony?
ORS can enforce alimony in cases in which they have an open case for enforcement of child support. Once the child support is fully paid, they
will no longer be able to enforce alimony.
Property Questions:
1. We had an attorney help us with the purchase of our home. Can he represent me in our divorce action?
2. Are all assets from a marriage divided equally? If not, who determines the allocation?
In most cases, the property division is intended to make the parties as equal as is possible.
The parties are the best persons to know how to divide property. If they are able to determine an agreeable division, they can stipulate to that and submit it to the court for approval. In some cases, the parties have complex issues regarding property. In those cases, a special master may be needed to determine value and assess the amounts.
When the parties cannot resolve the issues regarding their property, the matter can be brought to the judge. The determination made by the judge
will then be binding on both parties.
For further information, you may want to look at:
http://courtlink.utcourts.gov/howto/divorcen.htm#Property
3. Who will be required to pay debts incurred during a marriage?
The parties will have the opportunity to resolve the issue. If they cannot, the judge will decide how the debts will be apportioned.
The judge will consider who has the ability to pay.
For further information, you may want to look at:
http://courtlink.utcourts.gov/howto/divorcen.htm#Debts
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