Ending a marriage is complicated and can be challenging to understand, and you may have some serious questions about divorce.
This overwhelming process brings up many unknowns and uncertainties regarding divorce. Today, we are diving in and answering five of the most commonly asked questions about divorce.
Please note, our answers are generally speaking and can vary from your case.
Continue reading to get your questions answered below.
Q: What is the general process for divorce?
A: When an individual wants a divorce, they must file a petition, or complaint, with the court. A copy of the petition is served to their spouse (the respondent), often by the sheriff’s office, and the respondent has a certain number of days to respond to the petition. Under Utah law, they have 21 days if they were served in Utah or 30 days if done outside of Utah to respond to the petition.
How things move forward is based on how their spouse responds. They may file a response and agree to everything you’ve requested in the petition, and the petitioner and respondent reach an agreement. Or the respondent may not respond at all.
Documents, such as financial statements, may also need filing. In contested cases, things can get overwhelmingly complex and emotional, leading to more documents needing to be filed and one or more court hearings.
Q: What is an uncontested divorce?
A: Not all divorces are filled with conflict and animosity. When spouses mutually agree to end their marriage and agree to terms they are both satisfied with; you get an uncontested divorce. You can read more about uncontested divorces here.
Q: How much does a divorce cost?
A: There are both variable costs and fixed costs associated with divorce. The fixed costs include filing fees paid to the court and fees to have the divorce papers served. These costs vary from one state to the next but average around $300.
The variable costs include attorney’s fees for document preparation and legal representation. These fees vary greatly based on the case’s difficulty and the extent to which matters are contested. Extra fees may be added for certain things, i.e., the court may order mediation of disputed issues, or if your case requires a financial analyst to iron out complicated property matters.
Q: Will I be required to go to court?
A: Whether contested or uncontested, you will likely need to attend some sort of hearing for your divorce. Depending on your case, one or both of you may be required to participate. Generally speaking, when you and spouse have already signed a settlement agreement, the hearing may only take half an hour. There will be one or more extensive formal hearings that you will need to attend for contested cases.
Q: What is a no-fault divorce?
A: When seeking a divorce from the court, you must provide a reason, or a fault, for the divorce. These fault reasons include willful abandonment, impotence, adultery, and more. However, to keep matters private, you can opt for no-fault and be granted a divorce simply because one does not wish to be married any longer. Learn more about no-fault divorces here.
Contact The Ault Firm, P.C.
If you have more questions about divorce and need answers from an experienced and knowledgeable lawyer, contact The Ault Firm. We have years of divorce and family law experience in the Salt Lake County, Utah, area and are dedicated to protecting your rights. Let our skilled attorneys help you navigate this complex process. Call to schedule your case review today!