Divorce is a difficult and stressful life event that affects people in different ways. Not only must you deal mentally and emotionally with the decision to end your marriage, you still face the challenge of legally dissolving your relationship before you can fully move on. Lehi Utah Legal Separation and DivorceIn a legal separation, you and your spouse are no longer living with each other, but you are still legally married. A legal separation typically requires you and your spouse to negotiate a Separation Agreement that covers many of the points also brought up during a divorce. These points include: The conditions negotiated in a legal separation can be revisited, and a new Separation Agreement can be created to accommodate changes in each spouse’s life. Of course, if one of you wishes to get married to another person, a full divorce must be filed for and made official before this can happen. If there are enough mutual advantages to staying legally married, you and your spouse could consider a legal separation rather than a divorce. Grounds for Divorce Lehi UTGrounds for divorce refer to the laws that govern whether a person qualifies for a divorce or not. In the US, every state has its own statutes regarding what constitutes legal grounds for divorce. There are two types of grounds for divorce: fault and no-fault. A fault divorce is just how it sounds—one person blames the other person for the failed marriage. Fault divorces are often based on claims of marital infidelity, domestic violence, or criminal activity by one spouse. A fault divorce is also sometimes called a contested divorce as it typically involves greater conflict between the married couple, particularly when it comes to the negotiation of how to divide their co-owned property and assets. It is highly recommended that you consult with a divorce lawyer if you are taking part in a fault divorce. What Should I Do Before Filing for Divorce In Lehi Utah?If you are filing for a no-fault divorce, you and your spouse should discuss the details and reach an agreement on the key issues before filing your divorce papers. These key issues involve answering some or all of the following questions: How Do I File for a No-Fault Divorce in Lehi Ut?Filing for divorce refers to the process of creating your divorce papers and submitting them to a clerk at the appropriate county courthouse. Couples who agree on the key negotiation points of their breakup (financial, custody, etc.) can opt to create papers for an uncontested divorce by downloading and working through the relevant forms for their state/county of residence, or by using an online service that specializes in creating personalized divorce papers. The divorce forms you’ll need are usually available for download from your state’s government website, or on a separate state courts website. You can use this online tool from the US Government to look up contact information for your state government. Once you have filled out the forms (using the documents and information you gathered beforehand), you must submit the forms at a county clerk’s office, sometimes referred to as a clerk of the court. This office is typically found in a courthouse located in your county of residency. There is a filing fee which must be paid at the time you file your divorce papers. Even in a no-fault divorce case, only one spouse is permitted to file the divorce papers. Copies of the divorce papers must then be given to the other spouse in a process called “serving divorce papers.” In most cases, you are not permitted to serve divorce papers to your spouse yourself; you must have someone like a friend, relative, or coworkers do it. In some cases, the divorce papers can be delivered to your spouse via certified mail. The other option for creating and filing papers for an uncontested divorce is to use an online service. These services are similar to those used to help you to file your income tax returns online. Using an online service automates much of the process for you, making it easier and quicker to create your divorce papers. In some cases, the service providers may even be able to file your divorce papers online as well, saving you a trip to the county courthouse. Financial And Legal Advantages To Filing Before Your SpouseIn the world of sports, there are demonstrated advantages and drawbacks to serving first, receiving first, batting first and the like. The pros and cons are analyzed against the strengths and weaknesses of each player or team, and after the coin toss, coaches either make the most of having the upper hand, or compensate for being at a disadvantage. It’s all about being in the best position to win. In some ways, things are similar in divorce. Even though you may not see the dissolution of your marriage as something to “win” or “lose,” as a Divorce Financial Strategist, I can tell you there are ways to position yourself for the best possible financial advantage . . . and ways that can lead to financial disaster. For example, if you’re preparing to divorce, you may be wondering if you’d be better off filing before your husband does. Let’s consider some of the potential advantages. When you file first: • Your divorce team can be lined up in advance, and without interference: Achieving the best possible outcome from a divorce requires a team of qualified experts on your side. Filing first means you can take the time to interview and retain the right people. You know you’ll need an excellent divorce attorney, and in financially complex divorces, it’s also essential to have an experienced divorce financial planner on your team. Being able to interview/consult attorneys first can also protect you from the possibility that your husband could “conflict out” the best lawyers in your area. All he’d have to do is meet with each one just long enough to establish an attorney-client relationship, after which they would be prohibited from representing you. Lehi Utah Divorce DecreeA divorce decree is a court document that is a final judgment from divorce court. It contains information about your case, including spousal support, child support, custody, visitation, property division, and other information. Most divorce decrees are thorough and contain all of the agreed-upon information in your case, such as who is responsible for getting life and health insurance, if the wife can take her maiden name again, and how you will divide your debt. Only a court can issue a divorce decree. You receive it at the end of your case. If your case went to trial, your divorce decree will indicate the terms of the judge’s decision and will act as a judgment that both parties must obey. If you didn’t go to trial but settled your case instead, the divorce decree will contain the terms of the settlement. The decree still acts as a final judgment, but you and your former spouse have decided upon the terms of your own divorce without the court’s input. Settling your case takes the decision out of the hands of the judge so long as the decision is not outrageous or one-sided. If it’s one-sided, the judge will usually intervene to help you work out the terms of your settlement. Where to Get a Copy of Your Divorce Decree in Lehi UtahIf you want a certified copy of your divorce decree months or years after your divorce, you can usually get it at the courthouse in the court clerk’s office. Some states have divorce decrees in the county clerk’s office, so you will need to check with your state. Usually only people who were parties in the divorce, or their lawyers, can pick up the decree. A divorce certificate is a completely different document from a divorce decree. A certificate is not prepared by a court. Instead, your state’s health department or bureau of vital statistics issues the certificate. This is usually the same place where you get your birth certificate. Lawyer for Divorce LehiWhen you need to get divorced and you live in Lehi Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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