There are some important factors to consider when filing for divorce. Some of them include whether the divorce will be a no fault or at fault divorce. If there are any children involved, you will also have to decide how much custody they will get. Read more to be prepared when you file for divorce in Utah.
At-fault vs no-fault divorce
No-fault divorces and at-fault divorces are both legal processes that help spouses end their marriages. However, they can differ in terms of the process, costs, and duration.
A no-fault divorce is a dissolution of a marriage where neither party admits to causing the separation. In most cases, a no-fault divorce can be completed without a court hearing.
An at-fault divorce, on the other hand, requires that one or both parties have committed a marital offense. This can include adultery, abuse, or cruelty. In addition, it can take a long time to complete, cost more, and can involve higher legal fees.
Often, fault divorces can result in greater amounts of alimony or child custody. Depending on the state, couples filing for divorce may need to live apart for a period of time before the divorce can be granted. This can make it difficult for couples to work out a mutual agreement.
No-fault divorces are more common. A no-fault divorce is often used when both partners are willing to agree on the grounds for the divorce. It can also be an option for a couple who is not ready to file for divorce.
It can be difficult to know what to expect from a no-fault divorce. It is important to discuss the process with your lawyer before you begin. It is also a good idea to identify any assets you obtained during the marriage.
Filing the divorce papers
A divorce is a legal action that ends a marriage. It determines who gets what in the way of property, debts, and child custody. The process can take a long time.
Before you file for a divorce, you should know what you are getting into. Read up on your state’s laws, and consult an attorney if necessary. The paperwork can vary from state to state. You may want to check with your county clerk to find out what forms are required.
Depending on the type of divorce you’re seeking, you will need to serve the other party. You can serve them in person or by using a third-party service.
The proper way to do this is through the use of a professional process server. If you’re not comfortable with this, you can get a friend or family member to do it for you. Depending on your state, you might also have to pay a nominal fee for this service.
The most important step is to serve the other party. Your spouse will need to be personally served with your divorce papers. You will need to file a form called an Affidavit of Service in the courthouse.
The other obvious thing to do is to get a lawyer to draw up your agreement. This should be done in front of a notary.
Child custody agreement
A child custody agreement can save time and money for parents who can reach an agreement without a court ruling. If you are filing for divorce, you may be able to shave off a few months by negotiating a settlement with your spouse.
A child custody agreement can include a variety of details, from health insurance to telephone contact. If you are considering making one, make sure you use the best legal advice.
A child custody agreement should be as specific as possible. For example, you can state how many days the child will spend with each parent, or specify whether the other parent can have a weekly or monthly visitation schedule.
A good custody agreement should include the following elements: a formal schedule for the parents, details on visitation schedules, and provisions for child support. You should also include a change clause in case the situation changes.
The child custody agreement may have a few other important features, such as a parenting plan. The agreement can be created through a mediator, or the two parties can negotiate their own custody plan.
If neither party can agree on a parenting plan, they can file a petition for a change of custody. This petition will need to include a few important factors, including proof that there is a significant change in circumstances since the last custody order.