Utah Divorce Laws-Frequently Asked Questions |
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1. What will happen if I want to mediate but my spouse does not?
First of all, mediation is a voluntary process. Mediation is only possible when both the spouses show willingness to reconile the differences in the presence of a mediator. |
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| 2. What if I live in a rural area and can't travel for mediation?
This is not a big issue. If you are living in a rural area which is too far from the mediator's office, then in this case the mediator can arrange a conference call to mediate. |
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| 3. What are the residency requirements according to Utah divorce laws?
According to Utah divorce laws, the spouse who is filing a divorce must be a legal resident of the state to get an Utah divorce. |
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| 4. How much time will it take to get divorced?
After filing a petition, both the spouses have to wait for 90 days to get an Utah divorce. |
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5. How is the property distribution issue settled in Utah?
According to the Utah divorce laws, the Utah court follows equitable distribution method for property distribution. In this method, the property is distributed between the spouses either equally or in accurate proprtion. |
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| 6. What is mediation?
On the request of either parties, the court refers both the spouses to a mediator, to settle down their differences related to divorce. If child custody is involved then it is recommended to attend the counselling course on 'the effects of divorce on children'. |
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7. How can I claim alimony?
Alimony or spousal support is granted by the divorce court. It is the amount paid by one party to another after a divorce, on monthly basis to help divorced spouse in meeting the financial requirements. |
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| 8. Is there any fixed amount for alimony?
According to Utah divorce laws, there is no fixed amount that must be paid for spousal support. The court considers the financial conditions and living standards of both the spouses before determining the amount of alimony. In case of short duration marriages, when there are no children, the court considers the living standards which existed at the time of marriage. |
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| 9. Are mothers' really prefered by the court for child custody?
Utah divorce laws state that the divorce court must consider the interest of a child. If the child is immature, then the court considers other circumstances like, decisions taken in the past by both spouses for child, attitude towards the child and financial stability. The court strictlly ignores the gender issue when deciding child custody. |
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10. What are the major points an Utah divorce court considers to decide child support?
Following are the main points that courts consider in child support,
- The earning ability
- Income
- Standards of living
- Needs of child
- Age of parents
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