Is there really any such thing as a friendly divorce? Actually, the good news is there can be. Utah is a No-Fault (Uncontested) Divorce state. That means, regardless of whether you live in a place like Salt Lake City or any other city within the State, you can readily and quickly obtain a divorce without a lot of legal complications, that is, if you and your spouse can agree to terms in a friendly manner. It is important to note that a history of domestic violence in a relationship may very well hinder any attempt at a friendly divorce and may even exacerbate the problem, so, if the history exists, it is not recommended by this author you try a No-Fault Divorce without legal counsel.
Once the shock, hurt, and anger have subsided from the initial realization your marriage is over, the time may be right for you and your spouse to seriously look at a No-Fault Divorce. If both parties are mature and reasonable, there is no reason for anything unfriendly to occur, but what both will have to do to accomplish a goal of a friendly divorce is first to forget the reason you are getting a divorce. In this case, the reason for getting the divorce is what one or both of you might think is what caused the divorce. If the differences are irreconcilable, the reasons only become stumbling blocks to a friendly solution. Therefore, it is impervious that both parties are willing to move on with their lives looking forward to a new life, and they need to stay away from unproductive accusations about why the marriage failed and whose fault it was. If you can both get by this fact, you stand a reasonable chance of successfully obtaining a friendly divorce.
When both of you resolve to avoid accusations, then, it is time to meet in order to discuss the details of the marriage dissolution. There are basically three subjects you will need to discuss in detail in order to dissolve the marriage in a friendly manner, so, staying on subject is very important. The three subjects you need to discuss include your community finances, assets and children. Since each of these are complicated subjects within their own rights, it would probably be wise to resolve the issues associated with each subject one at at time.
If you can come to a friendly agreement on these three subjects, the rest of a No-Fault and friendly divorce includes satisfying the state requirements of legal separation and filing certain documents in the proper Court of jurisdiction. You and your spouse must have lived separately under a Decree of Separate Maintenance for three consecutive years without cohabitation before either of you can file a No-Fault complaint. Once the Decree has been satisfied, you can then proceed to fill out the state legal documents required to be filed in the Court. On the state documents, a reason for the divorce must be submitted as irreconcilable differences of the marriage. Two of the state documents required are entitled Complaint For Divorce and the Marital Settlement Agreement. After filling these two documents out, you sign the documents, and file them with your local Court of Jurisdiction. Once filed, Utah has a waiting period of 90 days before the divorce decree can take place. Once the waiting period is over, the divorce is final.
A No-Fault or friendly divorce is not for everyone. Sometimes, two people can not get by their shock, hurt, or anger, and sometimes they just can’t agree on the dissolution of their finances, assets, or the custody of their children. When this happens, it may be time for you to consider getting a professional counselor to help untangle the legal complications you may face. Contact us, and we will help you find a divorce attorney who has the legal expertise, the experience it takes to give good counsel, and the compassion to understand your situation.
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