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• During my divorce process, is there a checklist for Utah residents that I can reference?

  Staying organized is crucial when you’re going through a Utah divorce. Having an organizational system that works for you will prevent you from drowning in a sea of paperwork. We recommend keeping an accordion folder for all your files and taking it with you to meetings. Some of the paperwork you will need includes the following:

  • Financial statements/affidavits for both parties
  • At least three years of income tax returns for both parties
  • Details regarding investments
  • Employee benefits and retirement information
  • Information regarding your mortgage(s)
  • Most recent paycheck stubs for both parties
  • Non-marital property inventory and/or receipts
  • Household inventory using the household inventory worksheet
  • Household bills are receipts
  • Bank account statements (joint and separate)
  • Credit card statements (joint and separate)
  • Child or spousal support (paid and received)
  • Insurance information
  • Any other documents that have a bearing on your financial situation
• What do I need to do before filing for divorce?
  Filing for divorce is the first legal step you’ll need to take, but there are several things you’ll need to do before you file for divorce.  First, you’ll need to be certain that filing for divorce is what you want. Make sure there is no hope for reconciliation before you serve your spouse with divorce papers. Next, you will need to interview attorneys and decide which law firm to hire. The sooner you speak to an attorney, the better. Your attorney can help you understand which financial documents you need to gather and advise you on the steps you should take before filing for divorce. You also need to determine your goals for child custody, alimony, and property division and figure out your living situation. Lastly, parents of minor children in the State of Utah are required to go through court-approved divorce education.
• What are the grounds for divorce in Utah?

  Utah recognizes no-fault and fault-based divorce. No-fault divorce involves one or both spouses claiming that they have irrevocable differences that have resulted in the breakdown of their marriage. Fault-based grounds for divorce include the following:

  • Adultery committed during the marriage
  • Impotence at the time of the marriage
  • Willful desertion of the other spouse for more than one year
  • Willful neglect to provide the common necessities of life
  • Habitual drunkenness
  • Conviction of a felony
  • Cruel treatment to the extent of causing bodily injury or great mental distress, as in mental or physical cruelty
  • The spouses have lived separately and apart in a legal separation for three consecutive years
  • Permanent and incurable Insanity as established by competent medical testimony

 
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