The knowledgeable attorneys at The Ault Firm understand this complicated process can be difficult to understand, and we want to help. Last time, we answered five commonly asked questions about divorce, and today, we are finishing up with part two.

Please remember that our answers are speaking in general terms and vary from case to case.

Find out the answers to five of the most frequently asked questions below.

Q: What is a default divorce?

A: If the respondent has not filed a response within their allotted time, the court can grant the requests of the petitioner found in the petition and sign the divorce decree. A lack of response from the respondent is a forfeiture of participation, and the court can grant a default divorce.

Q: How long is the divorce process?

A: Many factors affect the length of a divorce. Some are based on your or your spouse’s willingness to cooperate, and others are state legal requirements, such as:

Residency Requirements — Many states require that one or both spouses be residents of the state for a certain amount of time. For example, in Utah, you or your spouse must reside in a single county for at least three months immediately before filing.

Separation Requirements — Some states require you and your spouse to live separately for a certain amount of time before obtaining a divorce. These requirements range from no time to three years.

Waiting Periods — Some states require a certain amount of time between filing for divorce and court hearings. Utah’s waiting period is 30 days; others are up to 90 days.

Other Requirements — Other requirements required by some states may include mediation, counseling, parental education classes, and more.

Q: Can the waiting period be shortened?

A: With extraordinary circumstances, the court can waive mandatory waiting periods.

Q: Can I represent myself in court?

A: You are not required to hire an attorney in your divorce case, though it is highly advisable. It is important to note that if you opt to represent yourself, you are still expected to know and understand legal processes, jargon, and procedures to the extent that an attorney would. This can make your experience incredibly difficult as judges, clerks, and other court staff cannot give legal advice. Additionally, each of your legal documents is expected to be submitted correctly and on time.

An experienced family law attorney best handles the complicated matters discussed in divorce, such as property, asset, and debt division, spousal and child support, child custody, and visitation. At the very least, it is in your best interest to consult with a lawyer before settling on representing yourself.

Q: What is a collaborative divorce?

A: Similar to mediation, a collaborative divorce is a form of alternative dispute resolution where each spouse hires an attorney who attempts to reach a marital settlement agreement. This process can save the divorcing couple money. However, if an agreement cannot be reached, the hired collaborative lawyers cannot represent either party in court and could increase divorce costs.

Contact The Ault Firm, P.C.

For more questions about divorce, let the knowledgeable team of attorneys at The Ault Firm help in Salt Lake City and West Jordan, Utah, help. With decades of experience and a commitment to serve and protect your best interests, our team can help you navigate this complicated process. Call to schedule your case review today!

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Divorce rates aren’t low because more people are getting married. We can speculate that divorce rates are low because people are taking more care into their marriages. They are doing real work to ensure that their relationships are thriving. Conversely, if you are divorcing then your first instinct may be to think that you have failed at your relationship. This is so far from the truth. To put it into perspective, if people are doing more work than ever in their relationship then if your outcome is still divorce then you and your partner are absolutely making the right choice for you and your family.

Our Divorce Attorney at the Ault Law Firm in Draper understands the roller coaster ride that is divorce. Christopher Ault, Divorce Attorney, knows first hand what it is like to divorce because he too has been through it. So why go to a divorce attorney who knows the law, but doesn’t understand the emotional complexity of the situation? Our Divorce Attorney is not only top in the legal field but is also emotionally intelligent. We know how to get the process started in order to make the divorce as smooth of a process as possible.

When you and your spouse are deciding to break up there are many things to consider like child custody, visitation, spousal support, and subsequent modifications of those issues. Divorce doesn’t end when the claim has been processed. Divorce continues because we know that divorce isn’t the last big change your family will go through. Our Salt Lake City Divorce Attorney believes in following up on families in order to keep relationships and see when the family needs to work on modifications to situations such as child support or spousal support. Call 801-539-9000 or click here to schedule a conversation with an attorney who has first-hand knowledge of what you are going through. We are here to work for you and guide you through this emotional journey.

The post Divorces May Be Decreasing, But Your Decision Is Still The Best For You appeared first on The Ault Firm, P.C..

But before we delve into the issue of taking your children out of state with or without the other parent’s written consent after a divorce, let’s review the question we have recently received from one of our readers.

“Me and my ex-wife have joint physical and legal custody but nowhere does it say in the divorce papers that we have to give one another written consent whenever we want to take our children out of state. I’m not sure what to do, is there a law in Utah requiring parents to seek written consent of the other parent when taking children out of state? Thanks in advance, Brad.”

Taking a child out of state for an extended period of time

Thank you for your question, Brad. To answer it, we are going to use the information provided in Utah Code Section 30-3-36(2), as it applies to your particular situation.

First and foremost, under Utah law, each parent has a legal duty to consider the possible adverse effects upon their child caused by the child’s lack of appropriate bond with the noncustodial parent. This rule applies to situations when parent-time has not taken place for an extended period of time. This sounds like your situation, as you are most likely planning to take your child out of state for vacation for an extended period of time.

Information that must be provided to the other parent

Utah law also provides that whenever one of the parents decides to take his or her child out of state for emergency purposes, he or she must provide all of the following information to the other parent:

• travel dates;
• itinerary and destination;
• the places the traveling parent and the child are planning to visit and where they are planning to stay (hotel, apartment, etc.); and
• the name and phone number of an available third person who is reasonably expected to be aware of the child’s location.

Note: Under Utah law, unsupervised travel of a child under the age of five years is not recommended.

Utah law does not require the other parent’s written consent, but…

“Technically, Utah law does not require your ex’s written consent or permission for you to take your child out of state during your custodial or parent-time periods,” concludes our experienced divorce attorney in Salt Lake City.

However, what Utah law does require is that you must provide the other parent with the information regarding the dates and location of where you and the child will be staying, as well as contact information for the child in order to ensure that your ex can contact your child at any available time.

Therefore, your ex cannot prevent you from taking your child out of state for vacation by withholding his or her “consent” because his/her consent is simply not required by Utah law.

What to do if your ex prevents you from taking your child out of state?

Okay, now that we have established that you do not need the other parent’s written consent to take your child out of state, you may be wondering if there is anything you can do if your ex is refusing to let you pick up your child from his/her house to go on vacation.

That’s a good question. The only option you have is to file a motion for a writ of assistance, which is basically requesting the court to issue an order to the other parent to exchange custody of the child with you on your custodial or parent-time day. The order can be enforced by local law enforcement, which, if necessary, will physically force your ex to let you take your children with you. Typically, you need a maximum of 28 days between the date you file a motion for a writ of assistance and the date of the hearing.

Consult with our Salt Lake City divorce attorney from The Ault Legal to find out about all of the legal options available in your situation. Get a free consultation by calling at 801-539-9000.

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