Ending a marriage is one of the most challenging decisions a person can face. Divorce introduces emotional stress, financial uncertainty, and countless legal questions. Whether you’re preparing to file or responding to a petition, you need reliable support to make sense of Utah’s legal process and protect your future. At Gordon Law Group, we understand the high stakes and work closely with our clients to help them move forward with clarity.
Working with a qualified divorce lawyer gives you an advantage. An attorney can help reduce conflict, organize the legal process, and ensure your rights are upheld during every phase of the divorce. From custody arrangements to property division, having legal guidance prevents costly errors and helps secure a fair outcome. Without this guidance, you may face decisions that have lasting effects on your children, your finances, and your long-term stability.
At Gordon Law Group, we assist clients in Heber Valley and surrounding communities with divorce and related family law issues. We take a practical, client-focused approach to every case. Our experience with divorce and family law matters allows us to provide straightforward advice while tailoring strategies to your unique situation. Whether your divorce is amicable or contested, we are here to support you with transparency and care.
Understanding Divorce in Utah
Every state has different laws governing the process of divorce. In Utah, the process is designed to protect the rights of both spouses while focusing on fair division and, when applicable, the best interests of any children involved. That said, navigating this process independently can lead to unnecessary delays and unfavorable outcomes.
Residency and Filing Requirements
To file for divorce in Utah, at least one spouse must have lived in the state for at least three months. If the couple has minor children, those children must have resided in Utah for at least six months before custody can be determined. This residency requirement is a crucial first step in deciding where and how the divorce should be filed.
Utah also imposes a mandatory 30-day waiting period from the date of filing to the earliest date a divorce can be finalized. While this period may be waived in limited cases, it’s typically enforced to give couples time to reconsider or reach agreements before proceeding to trial.
Grounds for Divorce
Utah recognizes both fault-based and no-fault grounds for divorce. The most common reason cited is “irreconcilable differences,” which does not require either spouse to prove wrongdoing. However, other grounds include adultery, willful desertion, cruelty, and habitual drunkenness. In contested divorces, these issues can significantly influence decisions regarding alimony, property division, or custody if they directly impact the family’s well-being.
Property Division
Utah follows the principle of equitable distribution, which means the court seeks to divide property and debts fairly, not necessarily equally. Marital assets, which are those acquired during the marriage, are subject to division, while separate property, such as inheritance or assets owned before marriage, may be excluded if properly documented.
A divorce attorney helps you assess which assets are considered marital, how to value them accurately, and how to negotiate a fair distribution. This may include everything from real estate and retirement accounts to business interests or personal property.
What to Expect During the Divorce Process in Utah
Divorce involves several key decisions. Each one requires careful planning, and the guidance of a divorce lawyer can make a significant difference in how these issues are resolved.
Child Custody and Parenting Time
For couples with children, determining custody is often the most emotionally challenging aspect of divorce. Utah courts evaluate each parent’s ability to care for the child, the child’s relationship with both parents, and any history of domestic violence or substance abuse. The court prioritizes the child’s best interests, which may result in joint or sole legal and physical custody.
Parenting time schedules are also addressed. The court may approve shared parenting if both parents can cooperate, but it must be structured to promote the child’s well-being. A well-prepared parenting plan outlines schedules, responsibilities, communication, and how disputes will be handled in the future.
Child Support
Utah law requires parents to support their children financially, regardless of custody arrangements. Child support is calculated using both parents’ incomes and the number of children involved. Other factors, such as healthcare costs and daycare expenses, may also affect the amount owed.
Our firm helps clients understand their support obligations and entitlements, ensures that required disclosures are made, and assists in resolving disputes when circumstances change. Modifications may be necessary if there is a job loss, change in custody, or significant shift in income.
Alimony (Spousal Support)
Alimony may be awarded when one spouse needs financial support following the divorce. Utah courts examine the length of the marriage, the standard of living during the marriage, each spouse’s earning capacity, and other relevant factors. Alimony can be either temporary or long-term, depending on the specific circumstances.
Whether you are seeking alimony or being asked to pay it, a divorce attorney can advocate for a result that reflects your needs and financial capacity.
Alternative Dispute Resolution in Divorce
Litigation is not the only path forward. In Utah, courts encourage couples to resolve disputes through mediation before going to trial. Mediation enables both parties to collaborate with a neutral third party to reach mutually agreed-upon arrangements regarding custody, support, or property division. This process can save time, reduce stress, and often leads to more durable and cooperative outcomes.
We represent clients during mediation to ensure their interests are protected throughout the negotiation. When litigation becomes necessary, we are prepared to advocate firmly in court.
Frequently Asked Questions
How long does a divorce take in Utah?
While the minimum waiting period is 30 days, most divorces take several months, depending on the complexity of the issues and the level of cooperation between both parties.
If we agree on everything, do we still need a lawyer?
Even in uncontested divorces, having a divorce lawyer helps ensure that the agreement is complete, enforceable, and protects your rights under Utah law.
Will we have to go to court?
Many divorces are resolved outside of court through mediation or settlement. If disputes remain, a court hearing will be scheduled to resolve them.
Can I keep my separate property?
Separate property is usually not divided during divorce, but if it has been mixed with marital assets (commingled), it may become subject to division. Legal advice is essential to protect these interests.
Can child custody be modified later?
Yes. If a substantial change in circumstances occurs, either parent may petition to modify the custody arrangement. The court will still prioritize the child’s best interests.
Start With Trusted Legal Support
Divorce can create confusion, conflict, and emotional strain for everyone involved. From concerns about custody and support to questions about asset protection, it’s easy to feel overwhelmed by what lies ahead.
At Gordon Law Group, we’re here to guide you through this difficult time. Our team is committed to protecting your rights, your family, and your future. We provide straightforward legal guidance that reflects our in-depth knowledge of Utah law and our dedication to serving the Heber Valley community.
Let us help you find clarity in this process. Contact us today to schedule a consultation and take the first step toward a more stable future.
