Videos Yes No Weiler said the legislation came about after he participated in a two-year work group looking at court processes for family law issues. The group discovered that the biggest complaint from Utahns who deal with domestic issues in the state's courts was the amount of time it takes to get through the system.
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With any form of divorce in Utah, the court must award custody of minor children who were born in wedlock. The court is always guided by the best interests of the child in making its decision. The main form of custody is joint custody, in which both parents are equally responsible for making important decisions in the life of the child.
In order to file for a no-fault divorce in the state of Utah, at least one of the spouses involved in the divorce must have been a Utah resident for at least three months before the divorce papers are filed.
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"I was representing the husband of a Manhattan high-society couple in their fifties. Both spouses were very well off. They didn't have kids but they had a ton of assets—real estate, jewelry, etc., which we had to divide. We settled in about six months; given all the stuff they had to divide, that was pretty fast, and they were relatively cooperative. That changed when it came time to decide what to do with their two pets. Both the wife and the husband were adamant about keeping the dog, and neither wanted the parrot. The husband, we learned, had taught the parrot to say, 'My wife is a bitch.' I had to present this as an argument in court to a judge: 'This is a very good reason for her to keep the dog and him to keep the parrot.' The judge balked that we were actually asking him to write an opinion about this. In the end, they agreed to joint ownership of the dog, who would spend three weeks at a time with each 'parent' and the parrot went to a relative. That was after about three months and $30,000 in lawyer fees. With that money, they could have saved a whole shelter of homeless animals!" —Val Kleyman, divorce and family lawyer in New York
In determining whether the best interest of a child will be served by ordering joint legal or physical custody, the court shall consider the following factors:
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"I was representing the husband of a Chicago couple in their early fifties who had been married for more than 20 years. The wife filed for divorce because her husband traveled often for work and she felt they had grown apart. During the discovery period for the divorce, a bunch of expenses from Omaha, Nebraska, kept showing up in the husband's bank statements. My investigator looked into them and discovered that, for the past 10 years, the husband had been living with a woman in Omaha as 'husband and wife' (although they were not legally married) and they had a 6-year-old together. He traveled for work a lot, and both wives just assumed he was working. I asked him if it stressed him out to manage both families, but he was cool as a cucumber. He ended up moving in full-time with his Omaha wife, who it seems did not know about the Chicago wife. But that didn't last, so he moved back to Chicago and then sort of fell of the radar." —Mitchell B. Gordon, founding partner of Bradford & Gordon, a boutique family law firm in Chicago specializing in divorce, and author of Pre-Nuptial and Post-Nuptial Agreements
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In order to represent yourself, that is for you to do your own Do-It-Yourself Divorce, both you and your spouse must agree upon all terms of the divorce such as debt division, property division, and child custody.
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Kansas Child Support Hawkins does agree, however, that many divorces are necessary, especially in cases of abuse, adultery or addiction. In those situations, Utah should be cautious about imposing barriers to divorce, he said.
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The clerk will charge you a $310 filing fee (plus the $20 document preparation fee if you used OCAP). If you can't afford the fee, you can file a motion asking the judge to waive them. You'll have to file extensive documentation proving that you are unable to afford the fee, including a detailed description of your income, expenses, debts, and property.
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