In many places around the country, there is a waiting period that must be adhered to when it comes to getting a divorce. For some places, the wait time is quite a while. In Utah, it used to be 90 days. Now, Governor Gary Herbert has signed a bill that lowers the wait time to 30 days.
The effort is to make the state’s family court system more efficient, freeing up the backlog of cases.
Many people like the idea of lowering the wait time, as they do not think the government should be able to tell adults that they cannot separate when they want to. Others think the waiting time should be longer in an effort to give couples more time to reconsider splitting up.
Emy A. Cordano knows that sometimes divorce is necessary and that regardless of a new law, it can get complicated. Last year, there were 13,213 divorce petitions filed in Utah and the divorce rate is on par with the national average.
Divorce Issues
First, be aware that in Utah, those seeking a divorce must participate in at least one mediation session. Utah law specifies this and it is done in the hopes that a couple can reconcile their differences and remain married.
After the mediation, if divorce is still the goal, then it is important to seek legal help. If one party has a lawyer, the other party needs to have one as well.
What Is At Stake?
If you have children, you will need to work out both legal and physical custody issues.
- Legal custody determines which parent gets to make legal decisions on behalf of the child
- Physical custody deals with where the child will reside.
For both types of child custody, there can be both joint or sole custody and they do not have to be the same for both. While it is usually in the best interest of the child for both parents to be a part of their life, sometimes there are reasons that cannot happen.
In a divorce, it must be decided who gets what property. This can become complicated, especially if there have been acquisitions made during the marriage. The issue of alimony payments also needs to be decided, as the court will want to ensure that both parties maintain the kind of lifestyle they have been accustomed to during the marriage.
If infidelity, physical abuse, or drug and alcohol abuse play a part in the separation, the divorce can become even more complicated.
What You Can Do
Waiting period or not, seeking a divorce without legal assistance is not a good idea. There are so many things that go into a legal separation. If children are involved, it becomes much more complicated.
When you need a Salt Lake City divorce attorney, turn to Emy A. Cordano. She understands that this is not what you planned on happening when you got married, but she knows that divorce may be necessary. There is no reason to make it harder than it has to be. With her legal assistance, you can navigate through these tough times.
For a legal consultation, you can contact us by clicking here or call us at (801) 901-8159.