Provo Divorce Lawyer

Compassionate & Skilled Legal Representation

No one gets married with the expectation of getting divorced. Unfortunately, marriages don't always work out. If you are going through a divorce, you need an experienced attorney who can help you navigate the process and protect your interests. Our team at Eric M. Swinyard & Associates, PLLC is here to help you through this difficult time. We understand how challenging divorce can be, which is why we are committed to providing you with the compassionate, personalized legal guidance you need and deserve.

Utah Divorce Laws

Divorce is the legal process through which a couple's marriage is terminated. In Utah, you can file for divorce if you have lived in the state for at least three months. If you have a child under 18 and need a custody order, the child must have resided in Utah with at least one parent for at least six months before filing.

Utah is a no-fault divorce state, which means you can file for divorce on the grounds of irreconcilable differences. In other words, you do not need to prove that your spouse did anything wrong to file for divorce. However, fault can be a factor when it comes to alimony in the State of Utah.

In Utah, there is a 30-day waiting period for a divorce to be finalized. In other words, your divorce cannot be completed until at least 30 days after the initial divorce papers have been filed.

How to File for Divorce in Provo

Divorce can be a complicated process, but our Provo divorce lawyers can help you navigate it. Here is a step-by-step guide on how to file for divorce in Provo, Utah:

1. Prepare your divorce paperwork. To file for divorce, you must complete a divorce petition. This is a legal document that outlines your marriage, your assets and debts, your children, and what you are asking the court to do.
2. File your divorce paperwork. Once your divorce paperwork has been prepared, you must file it with the court. You must pay a filing fee when you file your divorce papers, but you can request a fee waiver if you cannot afford to pay the fee.
3. Have your spouse served. Within 120 days after your divorce papers have been filed, you must have them served on your spouse. To serve your spouse, you must have a qualified agent, who is not involved in your case personally, give your spouse a copy of the divorce papers. You must also have that person complete a Proof of Service that you will file with the court.
4. Wait for your spouse to respond. After your spouse has been served, he or she has 21 days to respond. If your spouse is served outside the State of Utah, they have 30 days to respond. If your spouse does not respond within the allotted time, you may be able to get a default judgment. A default judgment means that you can ask the court to grant your divorce without your spouse's input.
5. Attend mediation. In Utah, if a spouse contests some part of the divorce petition, both parties are required to attend mediation before going to trial in most divorce cases. Mediation is a negotiation process facilitated by a neutral third party who helps you and your spouse resolve issues related to custody, property division, and other matters.
6. Negotiate or proceed to trial. After attending mediation, you and your spouse may negotiate any remaining issues or proceed to trial. If you cannot come to an agreement, the court will make a decision on these issues for you.
7. Finalize your divorce. Once all issues related to your divorce have been resolved, and any necessary waiting periods have passed, a judge will sign your final decree of divorce.

What Issues Do You and Your Spouse Need to Work Out in a Divorce?

There are several issues that will need to be resolved before you can get a divorce in Provo, including:

• Property division - Utah is an equitable distribution state. This means that, in a divorce, a judge will divide your property in a way that he or she believes is fair, which may not be equal. A judge will consider a variety of factors when dividing your property, including how long you were married, how much each of you contributed to the marriage, the value of your property, and the economic circumstances of each of you.
• Alimony - A judge may also order you or your spouse to pay alimony. Alimony is financial support that one spouse pays to the other spouse after a divorce. A judge will consider several factors when determining whether to award alimony, including the length of your marriage, the financial needs of each of you, the financial condition of each of you, the standard of living during your marriage, and the earning capacity of each of you.
• Child custody - If you have children, you and your spouse must also agree on how you will share custody of your children. You can either have joint physical custody, which means that your children will spend a significant amount of time with each of you, or sole physical custody, which means that your children will primarily live with one of you. You can also have joint legal custody, which means that you and your spouse will both make decisions about your children's upbringing, or sole legal custody, which means that one of you will make all decisions about your children's upbringing.
• Child support - You and your spouse must also agree on how you will financially support your children. You will need to complete a child support worksheet that outlines how much you and your spouse will pay in child support and when you will make those payments.

If you and your spouse agree on all issues related to your divorce, you can get an uncontested divorce. If you cannot agree on all issues, you will need to get a contested divorce.

Why You Need a Divorce Lawyer

Divorce can be a complex and emotionally challenging process. If you are going through a divorce, you need an experienced divorce lawyer on your side who can help you understand your rights and options and guide you through the process. Here are some of the reasons why you need a divorce lawyer:

• Protect your rights - In a divorce, you have several rights that you must protect. For example, you have the right to a fair division of your property and debts, the right to alimony, the right to child custody, and the right to child support. Our Provo divorce attorneys can help you understand your rights and fight for them.
• Understand your options - In a divorce, you have several options that you must consider. Our Provo divorce lawyers can help you understand all of your options and make the best decision for you and your family.
• Prepare your case - In a divorce, you must present evidence to support your case. For example, if you want alimony, you must present evidence that you need it. If you want child custody, you must present evidence that you are a fit parent. Our Provo divorce lawyers can help you prepare your case and present evidence effectively.
• Go to court - In a divorce, you may need to go to court to resolve any issues. For example, if you and your spouse cannot agree on how you will share custody of your children, you will need to go to court to resolve that issue. Our Provo divorce attorneys can represent you in court and fight for your rights.

Contact Our Provo Divorce Attorneys Today

Our Provo divorce lawyers are here to help you through this difficult time. We understand how challenging divorce can be, which is why we are committed to providing you with the compassionate, personalized legal guidance you need and deserve. We will work hard to protect your rights and help you get a divorce as quickly as possible.