Six common misconceptions about divorces in Utah

No matter the reason, getting through a divorce is never easy. You may have friends and family members to support you, but the legal maze can be challenging to decode. In Utah, you don’t need the approval of your spouse to get a divorce. You can state the marriage is broken and ask for a divorce. Of course, the process can get challenging in no time, especially if your spouse wants to make things hard. Your first step should be to consult Utah divorce attorneys who can offer precise guidance on what to do next. In this post, we have addressed some of the common misconceptions about divorces in the state. 

The mother gets preference for child custody

The court will always consider the best interests of the child. There is no favoritism based on gender in Utah for child custody. Unless you and your spouse have an agreement on how to divide time and expenses concerning your spouse, the judge will make a decision based on what’s better for the child. 

It will be a lengthy court battle

Divorces often become complicated because spouses cannot come to an agreement on issues like child custody, asset distribution, and alimony. However, just because you are in disagreement with your spouse doesn’t mean you have to go through a long battle in court. There are options like mediation intended to resolve conflict between separating spouses without a judge making decisions.

Talking to your spouse will make it worse

It could be contrary to what you think. Ideally, a couple filing for divorce should try to resolve issues amicably. If you and your spouse are no longer on talking terms, it is still better to let respective attorneys do the negotiation. Letting the court decide on every aspect would only mean more chaos and the eventual outcome may not be close to what you wanted. At the least, you should be open to communication, either directly or through an attorney. 

Everything will be divided in half

False. Utah follows the standard equitable distribution rule for the division of marital properties and debts, but that may not always mean half for each spouse. Certain assets, including the ones that spouses have acquired before their marriage, are exempt from the proceedings. The court will also check whether there are severe income disparities between the parties. 

Divorce is expensive

This statement may not be accurate for everyone. For example, if there is no major fight with your spouse or you have been married for a relatively short period, you may not have to go through a grueling contested divorce. Uncontested divorces are always cheaper, and it is best to sort things out with your spouse if you don’t want to continue with the process for months or years. 

An attorney is not relevant for uncontested divorces

False. You need a divorce lawyer, no matter what. Even if you are in an uncontested divorce, you should not sign a document unless you understand every detail. An attorney can review your case, listen to your story, and offer the most bespoke advice for the given circumstances. At times, lawyers are instrumental in keeping clients out of court and addressing issues that are complex. When it comes to legal solutions, you need an expert. 

Final word

Regardless of where you stand with your divorce or whether you have already started the proceedings, it is never too late to hire an attorney. Instead of guessing what’s best for your circumstances, let an attorney help with every aspect. They can also share objective and unbiased views of the conflicts, allowing you to make better decisions.