Differences in Divorce Actions

You never thought the day would come, but here you are facing the real-life decision of getting a divorce.  This is certainly not a decision thought should be made rashly, in the heat of the moment, or on a whim.  However, if after deliberative thought and careful reflection you have arrived at the conclusion that a divorce is inevitable and you need to move forward, that decision is most likely in your best interest as well as your family’s best interest.

What happens when you have arrived at the decision to file for divorce but your significant other is not of the same opinion?  In Utah, your spouse cannot prevent you from filing for divorce, nor having them served with papers for a divorce.  The court can still grant you a divorce even if your spouse never agrees.  Of course, you will have to fulfill the requirements to have your divorce granted, complete the necessary steps and paperwork and show the court that the financial and legal requirements have been met.

That said, if your spouse does not want a divorce, they cannot prevent it, but can certainly delay it for months or even years.  You do have to have a reason for wanting the divorce.  In Utah, the easiest reason that is widely accepted is that of irreconcilable difference.  There are both contested and uncontested divorces – even if a reason is listed.  A contested divorce takes significantly more amount of time, effort, and money than an uncontested divorce does.  This is especially true if you have to go to court rather than resolving issues through mediation.

If you have questions or concerns, or your spouse does not want to divorce, contact one of our legal professionals today.  Our legal team has the skills, expertise, and training to help you navigate through messy and hotly contested divorces while keeping you and your family’s best interests at the forefront of your case.