Divorce/Decree Enforcement/Divorce Modification
Divorce and Decree Enforcement
Not all marriages end in happy ever afters, and sometimes divorce is what brings peace of mind to both parties. The process of ending a marriage is a big decision to make, and it will have an impact on you and your family. If you’re filing for divorce, make sure you have a reliable divorce attorney who can assist you throughout the divorce proceeding.
To be qualified to file for divorce in Utah, you need to meet the following residency requirements:
- One or both spouses should have been a resident of Utah for at least 90 days prior to filing your petition for dissolution of marriage; or
- One spouse is a member of the military, and has been stationed in Utah for at least three months.
Utah is considered a no-fault state, which means that you won’t need to get consent from your spouse to file for divorce. There are two no-fault grounds for divorce:
- The couple has irreconcilable differences that make the continuation of marriage impossible.
- The couple is legally separated and has lived separately for at least three years.
However, traditional fault-based grounds for divorce are still maintained in Utah, and these can affect the division of marital property and debt between the spouses. For information about how marital property is divided between divorcing couples, check Utah’s marital property laws or consult with an experienced divorce attorney.
As the filing spouse, you’ll need to fill-out several forms to get your divorce case started. The forms are available online through the Online Court Assistance Program (OCAP) and will include the following:
- Acceptance of Service
- Civil Cover Sheet
- Decree of Divorce
- Findings of Facts and Conclusions of Law
- Petition for Divorce
- Vital Statistics Form/Certificate of Dissolution
If you have minor children, you’ll also need to file a parenting plan and additional paperwork regarding your child custody and child support arrangements.
Later on, you may want to modify your divorce decree due to a change in circumstances. For example, you may want to increase child support if your ex-spouse increased their income.
To make modifications to your decree of divorce, you’ll need to file a petition to modify to the same court that issued the decree. The court will only approve your request if there is a substantial change that isn’t temporary.
If you’re requesting modifications to child custody arrangement, visitation schedule, parenting plan, or other aspects of your decree that affects your minor children, you’ll also have to provide additional requirements to prove that:
- There is a substantial and permanent change in the circumstances of at least one parent.
- The changes you wish to make are in the child’s best interests.
Before filing your petition for modification, check with your family law attorney to ensure that your request is warranted, and that you have all the required paperwork to support your petition.
Are you in need of legal representation for your divorce proceedings? At Wᴀʟᴅʀᴏɴ Lᴀᴡ Gʀᴏᴜᴘ, we have years of experience dealing with divorce and other family law cases. Contact us today and get legal assistance from an experienced family law attorney!