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Divorce Property Division Utah
Divorce property division in Utah is an important issue that should be carefully addressed in each divorce. The Court will divide all of the marital property regardless who holds title of the property or where it is located, if the parties cannot come to a mutual agreement on their own.
WHAT PROPERTY WILL I GET IN DIVORCE?
Generally, non-marital property is not subject to division in a divorce. Non-marital property generally includes any property that the party brought into the marriage or received during the marriage by gift or inheritance. Non-marital property can sometimes become marital property if it is commingled with marital property to such an extent or used in such a way that is loses its non-marital status. This can even be unintentional. We will help you ensure that you receive the property to which you are entitled.
Under Utah law all martial property must be equitably divided during a divorce. All property that is acquired during the marriage–even if it is titled in only one party’s name–is generally marital property. For example, if the couple purchases a home during the marriage, but the home is only put in the name of one of the spouses, the home will generally be considered marital property and subject to division.
It should be understood that an equitable division does not always mean 50/50. The court will consider a number of factors, including the occupations of the parties, how long the couple has been married, the age and health of the parties, incomes of the parties, and other related matters.
DOES UTAH RECOGNIZE & ENFORCE PREMARITAL AGREEMENTS?
Utah enforces valid prenuptial or premarital agreements. The parties must have a reasonable mutual disclosure of the financial obligations and property of each other (or waive such disclosure) and agreement must be voluntarily signed by the parties in order for the premarital agreement to be a valid. There are limitations to premarital agreements, however. If you are considering a premarital agreement, or have an existing agreement and have questions about how the agreement will be enforced, schedule a free initial consultation with our knowledgeable divorce attorney to assist you.
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Child support in Utah is based on a formula that can easily be calculated if the income of both spouses is known. You can use the calculator at Office of Recovery Services locate at Office of Recovery Services – (utah.gov).
Your property will be categorized as either a non-maritital asset or a marital asset. If the property was acquired during the marriage it will generally be a martial asset.
Each party will receive their separate property. Marital property will generally be divided equitably.
Alimony is a remedy awarded to help a financially weaker spouse become self-sufficient. In Utah alimony is discretionary and is not awarded in every case. Factors that a court will consider in determining if alimony should be awarded and if so how much includes:
- Income and financial resources of both parties
- Emotional & physical condition of each party
- Standard of living during the marriage
- Length of the marriage
Each party typically is responsible for his or her own legal expenses and costs associated with divorce. In some case, the court may award attorney’s fees.
In Utah if the divorce is contested (an answer is filed), then mediation is required. In some cases more than one mediation will be necessary to resolve all the issues.
If you and your ex have agreed to all the terms of property division, custody, child support & maintenance and only need an attorney to draft the paperwork to make the agree legal, our flat-fee uncontested divorce can help.
We understand that attorneys sometimes complicate your agreement to increase their fees. Not us! Our flat-fee uncontested divorce will affordably draft and file all the necessary paperwork to quickly finalize your divorce–if you have already agreed to the terms.
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