Deciding to file for divorce is never easy. Whether the conversation has been a long time coming or a sudden realization, the moment divorce becomes a reality is emotionally and mentally overwhelming. At Pearson Butler, we understand how difficult this time can be. If you're preparing to take the next steps, you should address a few practical and legal considerations before filing for divorce in Utah.
1. Understand Utah’s Divorce Laws
Before filing, it’s important to know how divorce works in Utah. Utah is a “no-fault” divorce state, which means you don’t have to prove wrongdoing by your spouse to file. The most common reason cited is “irreconcilable differences.” However, Utah law also allows fault-based grounds like adultery, cruelty, or desertion.
Additionally, Utah has a 90-day waiting period between when you file and when the court can finalize the divorce (though this may be waived in some circumstances). One or both spouses must have lived in Utah for at least three months before filing.
Knowing these laws can help you prepare for what’s ahead and avoid unnecessary delays.
2. Take Inventory of Assets and Debts
Dividing property and debts is one of the most complex parts of any divorce. Utah follows the principle of equitable distribution, which means property is divided fairly but not equally.
Before you file, take time to gather documents and create a list of:
- Bank accounts
- Real estate and vehicles
- Retirement accounts and pensions
- Loans, credit card balances, and other debts
- Personal property such as jewelry, electronics, and furniture
Having a clear picture of your financial situation will help your attorney and give you more control over your future.
3. Prioritize Your Children’s Needs
If children are involved, custody, support, and parenting time will become central issues. Utah courts focus on the child's best interests, and parents are encouraged to work together to create a parenting plan.
Even before filing, consider:
- How to communicate the divorce to your children
- Your goals for custody and visitation
- How you and your spouse might co-parent effectively
Utah requires both parents to complete a divorce education class if minor children are involved. Thinking about these issues early can lead to better outcomes for everyone.
4. Create a Budget for Your New Life
Divorce often significantly changes your financial picture. Whether you're the primary breadwinner or have been financially dependent on your spouse, it's essential to understand your post-divorce finances.
Before filing:
- Estimate your monthly income and expenses
- Consider temporary support needs (alimony or child support)
- Plan for legal fees and court costs
A clear budget can help you make informed decisions about property division, support, and housing.
5. Speak with a Utah Divorce Attorney
Divorce involves emotional decisions, legal rights, and long-term consequences. Consulting with an experienced Utah family law attorney before filing gives you the knowledge and strategy you need to protect yourself.
An attorney can help you:
- Understand your legal options
- Set realistic expectations
- Avoid common mistakes
- Prepare the necessary documents
Utah Divorce Lawyers
At Pearson Butler, our family law team works with individuals across Utah, providing compassionate and informed legal guidance during one of life’s most challenging transitions.
If you’re considering divorce, don’t go through it alone. Let our experienced team at Pearson Butler help you take the proper steps forward. Contact us today at (800) 265-2314 to schedule a confidential consultation and start building a clear path to your future.
