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Who Starts the Divorce in Utah?

It is rare for a husband and wife to both decide at the same time that they want a divorce. Far more often, one person announces the marriage is over and that he or she wants a divorce. Often, the one requesting the divorce meets resistance from the other spouse. Even if the resistor has been aware of marital problems, the reality of being told his or her partner wants a divorce can be shattering.

Who Starts the Divorce in Utah

The non-initiating person may make suggestions to resolve the marital difficulties, such as going together to marriage counseling. Sometimes, this works. Far more often, these attempts to save the marriage are fruitless. Once one person has decided the marriage is over, counselors say the emotional connection has been broken.

Marriage counselors agree that a troubled marriage where one person has already decided divorce is the only option is a difficult marriage to save. Counselors say it is impossible to save unless both parties commit themselves to resolving the marital problems.

Divorces in Utah

Although Utah law lists a number of grounds for granting a divorce, there is also a no-fault option. The initiating person simply files for divorce claiming there are “irreconcilable differences.”

In Utah, there is a residency requirement. In order to file for a divorce, one of the spouses must have lived in a single Utah county for at least three months. If the couple has children, the state requires, with a few exceptions, that the children have resided in Utah with at least one parent for six months.

Making the decision to end a marriage is emotionally difficult and can be legally complex. Consulting with a knowledgeable family law attorney is the first step in ensuring the spouses’ rights are protected.

Utah court sides with birth father in child custody case

The judge in a bizarre and emotional child custody case has ruled that a 1-year-old girl who was adopted by a Utah couple must be returned to her birth father. The judge found that the girl’s birth mother gave her up for adoption without her husband’s knowledge or consent, violating his parental rights and invalidating the adoption.

This strange child custody case began in June 2010, when the girl’s birth mother discovered she was pregnant with the couple’s first child. At the time, her marriage to the birth father was fairly strong, but by the end of that year they were having problems. The mother suggested that she get an abortion or put up the child for adoption but the father objected.

The couple separated, though they still planned to move together to the husband’s new Army posting. The wife told the husband that she wanted to give birth in her home state. The husband went to the new state to set up a home for his growing family.

But then the wife changed her mind about adoption. She contacted a Utah adoption agency, which brought her to the state to give birth in March 2011. Two days later, without the birth father knowing anything about it, the birth mother gave up her parental rights to a Utah couple, who have been raising the child ever since. Meanwhile, the birth mother cut off contact with her husband, who did not learn where his daughter was until June of that year.

Free Consultation with Divorce Lawyer in West Jordan Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506