Mary Carollo: Uncontested Divorce in Utah

While divorce can be one of the most challenging and overwhelming times in a person’s life, there are ways to make the whole process less dramatic and complicated. An uncontested divorce, for example, allows couples to reach an agreement without having to go through a long legal battle. An Uncontested Divorce Lawyer can help you get the divorce done with less fighting. The process is quicker and less expensive. A West Jordan divorce attorney can determine if an uncontested divorce is a good option for you.

WHAT’S AN UNCONTESTED DIVORCE?

An uncontested divorce is one of the few options wed couples have in Utah. They are more affordable and faster than other types of divorce. As long as you and your former spouse can agree on all issues, including child custody and visitation, an uncontested divorce may work for you. But if you and your spouse can’t reach an agreement, you may need to explore other options with the help of a West Jordan City divorce lawyer.

Some issues you need to resolve before filing an uncontested divorce include:

Division of marital assets and debts
Child custody and visitation issues
Health insurance coverage
Child support and spousal support

UNCONTESTED DIVORCE PROCESS

In order to file an uncontested divorce in Utah you must first meet some criteria:

You have lived in Utah for at least 3 months and up to 6 months if you have minor children.
You agree with your former spouse on all things related to your divorce.
You have a written agreement that already covers child custody and child support issues.

You will need to fill out some forms such as the petition for divorce, vital statistics form, the decree of divorce, child support worksheet and locator. You will have to wait 90 days to complete your divorce. Also, parents will need to complete the Divorce Education Course before the divorce is granted. Check with your attorney for more information about what forms you need to file. You will not have to attend a court hearing before a judge to finalize your divorce. As long as you file all the required paperwork, the judge will sign your final divorce decree.

Once the papers have been signed, you are bound by the terms of your divorce decree. If you violate the agreement, you will be put in contempt of court. Some of the most common violations involve visitation schedules, child support, and spousal support issues. If your former spouse doesn’t bring back the kids as expected, the police won’t do anything about it unless the kids aren’t safe. However, your family law attorney can help you make a record of visitation interference, which you can be used as evidence. Furthermore, if your ex is unemployed and not paying spousal support, you can’t make him or her pay. Ask your attorney about how you can resolve all these legal matters.

YOUR HOLIDAY CUSTODY SCHEDULE

As the holidays approach, you may want to spend more time with your kids. It is possible to create a custody and visitation schedule on your own or with the help of a Salt Lake City child visitation attorney. The holiday schedule will become part of your visitation arrangement. You and your former spouse must outline all the details about where your children will be during the holiday season.

The holidays are meant to be spent with family and friends doing all the things you enjoy. Although a holiday custody schedule is a great idea, it may also cause major battles between you and your ex. So it is important you hire a qualified family law attorney with experience in these types of cases. You want a peaceful holiday season. Without a holiday custody schedule, you could end up having complex arguments with the other parent.

IS THE HOLIDAY CUSTODY SCHEDULE INCLUDED IN THE PARENTING PLAN?

A custody schedule should be included in the parenting plan. Courts like to see how you and your former spouse handle the visitation schedule, including other major events year-round. The parenting plan is mandatory and an important aspect of your divorce proceedings. Besides the holiday visitation schedule, the custody arrangement will also include:

Residential schedule – This is the basic schedule, which will include regular school activities and other visitation arrangements.
Vacation schedule – This part includes school breaks and vacations that may not be categorized as formal holidays.
Special occasions – This includes other special events such as birthdays and time with extended family.

It is important you plan for the holidays ahead of time so that you can avoid conflict between you and your former spouse. You can plan the holidays as you see fit, as long as the children’s physical and emotional needs are met.

THINGS YOU CAN INCLUDE

Your schedule should include a few things such as the exact dates and times your children will spend with you and your former spouse. Make sure the schedule is fair and stable so your children can enjoy it. Some things you may include:

National and religious holidays you observe.
Where your children will spend each holiday.
The options in case a visit is missed, including adjustments to your work schedule and what to do if your child gets sick.
How you will handle disagreements.

WHEN THE OTHER PARENT DOESN’T AGREE

There are times when you and your former spouse may not agree, but you can still make those modifications. You can show the judge the holiday schedule you created and explain how it will meet the child’s best interest standard. Your ex can submit a schedule as well and the judge will determine what schedule is best for your children. You can also work with a mediator to create a schedule both parents can agree on. If you can convince the judge your schedule is better, it may get approved.

Free Consultation with Uncontested Divorce Lawyer

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.