File for Divorce in Weber County, Utah (UT) | Divorce in Weber County

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Online Divorce in Weber County

divorce in Weber County

Please note: OnlineDivorce.com in Weber County, Utah, is not a law firm, so it is not eligible to provide legal advice. Nevertheless, being one of the leading American document preparation services, OnlineDivorce offers necessary documents and basic information about the filing process.

When thinking of terminating the marriage, most couples are looking for a cheap and fast way to arrange a dissolution process.

In theory, the fastest and easiest way to get a divorce in Weber County, Utah, is do-it-yourself divorce without a lawyer. Such a procedure implies that the spouses reach an agreement on the essential terms of their separation, fill out all the needed divorce forms on their own, and participate in court hearings without legal representatives.

However, a purely DIY divorce can be challenging as it might require significant time and effort to sort out everything by yourself. In such a case, using OnlineDivorce.com can be an excellent solution.
This website provides a simple and affordable tool to complete all the divorce forms and documents within a couple of days.
This online option relieves the red tape burden on its customers, allowing them to receive ready-to-file printable divorce paperwork and making the dissolution of marriage quick, stress-free, and inexpensive.

When drafting the paperwork, OnlineDivorce.com follows the local rules of each couple’s state and county and their unique circumstances. Besides, the service provides comprehensive step-by-step guidance through the process, including filing instructions.

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Valid grounds to get divorce in Weber County

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When filing for a divorce in Weber County, the spouse who initiates the case (the plaintiff) has to point out the specific ground for dissolution, established by the state’s family law.

The state of Utah recognizes both fault and no-fault grounds for divorce. Fault-based grounds typically define the other party’s misconduct that led to the marriage breakdown, so they must be proven valid before the court.

According to Utah Code, Sec. 30-3-1, fault grounds for dissolution of marriage include:

  • Impotence
  • Adultery
  • Willful desertion for more than one year
  • Willful neglect
  • Habitual drunkenness
  • A conviction for a felony
  • Cruel treatment to the extent of causing bodily injury or great mental distress
  • Incurable insanity

The spouses can also choose to obtain a no-fault divorce in Weber County, based on the following grounds:

  • Irreconcilable differences
  • Living separately under a decree of separate maintenance of any state for three years without cohabitation

No-fault grounds mean that neither party has to show wrongdoing to terminate the marriage. They can simply state that the marriage is no longer working, and there is no hope for reconciliation.

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Custody of the child in Weber County

Custody of the child in Weber County

In Weber County, Utah, a divorce with children involved must follow the best interests of the child.

Generally, two types of custody can be distinguished - legal and physical custody. Physical custody refers to the child's residence and the time each parent spends with the child, while legal custody determines each parent’s decision-making authority. Both these forms of care can either be sole or joint. In Utah, there is a presumption that shared legal custody meets the child’s best interests, except when it can be harmful to the child.

According to the Sec. 30-3-10 of Utah Code, the court shall decide custody on a case-by-case basis, considering the multiple factors, including:

  • any evidence of domestic violence, neglect, and abuse;
  • each parent's willingness and ability to meet the child's needs;
  • parenting skills of each spouse, including their ability to communicate with the other parent and encourage frequent and close contact between the child and the other parent;
  • the parents' preferences concerning custody and visitation;
  • the parent's financial responsibility;
  • the nature of the parent-child relationship;
  • who has been the primary caretaker of the child during the marriage;
  • and other factors the court may deem relevant.

Along with it, Weber County courts encourage parents to reach an agreement concerning custody matters in divorce on their own. Utah judges usually approve such arrangements, so the spouses have to settle custody in a divorce trial only if they are unable to come to terms about child custody, visitation, or support.

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Rules for child support in Weber County

Child support payments are usually made by the non-custodial parent to contribute to the necessary expenses related to the child's upbringing. At the same time, it is assumed that the primary custodian provides the everyday maintenance and care of a child.

An amount of child support in Weber County may be decided by the parents independently but following Utah child support guidelines. If the court concludes that the proposed amount of support is reasonable and fair, it approves it.

Utah judges determine how much child support to order, following the Income Shares Model. This model considers the amount of support that would have been available if the marriage had not failed, then divides it proportionally to the parents according to financial information provided by each parent. It is easy to do using the Utah child support calculator.

Also, there can be additional calculations related to medical expenses or health insurance.

Rules for spousal support in Weber County

Rules for spousal support in Weber County

In Utah, either spouse may ask the court to order alimony in a divorce in Weber County if he or she cannot be financially self-sufficient after a separation and maintain a habitual standard of living.

There is no specific formula to calculate alimony, so judges decide spousal support on a case-by-case basis. For this, they request a financial statement from both parties to assess their incomes and needs.

According to Sec. 30-3-5 of the Utah Code, the factors that help determine the length and duration of alimony include:

  • the standard of living maintained during the marriage;
  • the length of the marriage (for example, in case of a divorce after ten years of marriage, alimony cannot be ordered for more than ten years);
  • the financial condition and needs of the spouse seeking support;
  • custody arrangements if any;
  • the ability of the paying spouse to pay;
  • the contribution of a recipient spouse to an increase in the other party's skill by paying for his or her education or enabling him or her to attend school during the marriage;
  • the marital fault of the parties;
  • and other factors the court may deem reasonable.

The duration of spousal support is also decided on a case by case basis. Both short-term rehabilitative payments and extended payments can be ordered, depending on what seems fair to the court. Generally, the maximum duration of alimony may be no longer than the length of the marriage.

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Property division in Weber County

Property division in Weber County

To understand how the property shall be divided in a divorce in Weber County, the spouses should know that Utah family law requires an equitable division of marital property. That generally means that the spouses' marital property shall be divided fairly, but not necessarily equally.

To get a divorce in Weber County, Utah, the parties can divide assets out-of-court, through a written settlement agreement. However, if the spouses fail to agree, judges in Utah have broad discretion in dividing property based on the factors unique to each marriage. According to the Utah Code, Sec. 30-3-5, these factors usually include but not limited to:

  • the length of the marriage;
  • the way the parties acquired the marital property;
  • each spouse's level of education and earning potential;
  • the age and health of the spouses, including any special needs or medical costs;
  • each spouse's income and separate property;
  • custody arrangement, if any.

Thus, sometimes, the final share of each spouse’s property may differ a lot, and sometimes, the court splits the property in half, like in community property states.

For example, for long-term marriages, equitable division of property can be 50/50, or either party may get a more significant portion of the property, given each spouse's contribution to the earning capacity of the second party, and the potential economic impact of the separation. In the case of a short-term marriage, the court is more likely to restore the spouses to the financial condition they enjoyed before the marriage.

Mediation support in Weber County

Mediation is a popular way to avoid a trial and, as a result, file for an uncontested divorce in Weber County.

The spouses shall meet and try to settle all their disputes about child custody and support, alimony, division of the property, and other matters under the mediator’s guidance. The mediator is a neutral third party that helps the spouses to negotiate efficiently and constructively.

At least one mediation session in the state of Utah is mandatory for the couples who want to contest the case. In this way, the state law encourages the spouses to reach an agreement and arrange an uncontested divorce, which is usually less stressful and takes less time to finalize in Weber County.

Besides, all the parents who are getting a divorce in Weber County have to attend a parenting class, unless waived by order of the court. Parenting class is an education program for divorcing parents devoted to the effects of this event on children.

The petitioner has to complete this course no later than sixty days after filing, and the defendant - no later than thirty days after being served divorce papers in Weber County, Utah.

How to file for divorce in Weber County | Step-by-Step

1

To apply for divorce in Weber County, the couple must meet the specific Utah residency requirements.
According to the Utah Code, Sec. 30-3-1, either spouse must have been a resident of Utah for at least three months before filing the petition.
Service members of the United States Armed Forces stationed within the state under military orders for three months before filing can also dissolve the marriage in Weber County.

2

To start a divorce procedure in Weber County, the petitioner shall fill out divorce papers and file the Petition with the District Court.

3

At the moment of filing, a court filing fee is charged. Thus, the dissolution case officially starts.

4

The next step through the divorce process in Weber County is serving the second spouse with copies of divorce papers, including Petition, Court Summons, and Temporary Injunctions.
Utah laws set several ways of how to serve divorce papers:

-  via mail;

-  through the sheriff's department or a private process servicing company;

-  personal service by a constable, US Marshal, or any person over the age of 18 who is not involved in the divorce proceeding.

The plaintiff has to deliver divorce documents to the other party within 120 days of filing the petition.

5

A dissolution of marriage in Weber County and any other Utah counties requires a mandatory 90-days waiting period before a Decree of Divorce can be granted. Sometimes, due to extraordinary circumstances, the spouses may ask to waive this waiting period.
Although ninety days is the minimum divorce timeline in Utah, in most cases, the process takes more time to get a divorce in Utah, even if both parties agree.

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Filing fees for divorce in Weber County

The cost of any divorce in Weber County starts with paying a court filing fee. In the state of Utah, the filing fee is about $310-$330.

Generally, this fee is mandatory; however, it can be waived if the plaintiff cannot afford to pay. To ask the court to waive the fee, the plaintiff shall complete and file a Motion and Affidavit to Waive Fees and a Financial Affidavit Supporting Motion to Waive Fees.

How long will it take?

In theory, the length of the divorce process in Weber County can be limited to ninety days. This is the mandatory waiting period between the date the petition is filed and the date it can be finalized.

Nevertheless, it should be noted that how long the average divorce takes in Utah depends on whether the spouses go to trial and how long it takes to reach an agreement on such issues as child custody, property division, alimony, and other significant terms of their separation.

Filing for divorce in Weber County | Frequently Asked Questions

How much does a divorce cost in Weber County?
It is hard to predict how much divorce costs in Weber County without considering the circumstances of a particular couple.
The total cost depends on multiple factors, including lawyers' fees, serving fees, cost of parenting class, mediation, and any other services used.
Therefore, DIY divorce without legal representatives can be claimed as the most inexpensive way of arranging the process, though this option does not suit every couple.

How do you file for divorce in Weber County without a lawyer?
Every person has the right to represent themselves in a dissolution case without a lawyer. To arrange the process and obtain the necessary information, the spouses may contact the local court or visit the Utah Courts website or other sources online. And to prepare legal forms more comfortably, those who do not contest the case can take advantage of OnlineDivorce.com.

What are the required forms for an uncontested divorce in Weber County?
The most common legal forms to start a dissolution case in Weber County, Utah, include:

  • Utah Courts Cover Sheet for Civil Actions
  • Verified Petition for Divorce
  • Acceptance of Service, Appearance, Consent, and Waiver
  • Child Support Obligation Worksheets
  • Affidavit of Income Verification and Compliance with Child Support Guidelines
  • Petitioner's Affidavit of Respondent's Earnings
  • An Affidavit of Jurisdiction and Grounds for Divorce
  • Decree of Divorce

Can I file for legal separation in Weber County, Utah?
In the state of Utah, legal separation is called "separate maintenance." This legal option allows the couple to detail the child custody, property division, and financial issues just like in a dissolution process while remaining married.

When is it allowed to remarry after a divorce?
Utah laws do not require any waiting period for remarriage after divorce. The parties can legally remarry once the judge signs the divorce decree.

Divorce in Weber County online

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Here is how OnlineDivorce.com makes completing divorce papers easier:

  • We provide the full divorce packet required by the local court - clients do not need to drive to their local courthouse to get the blank forms or search for the right divorce forms online. In rare cases, local county forms can vary in color, paper material, size, or bar code, so they may need to be obtained directly from the county clerk's office.
  • We complete the necessary forms for clients based on their answers given in a simple guided online interview - clients do not need to understand family law or read through complicated instructions to figure out how to fill out the forms themselves.
  • We give detailed, easy to follow step-by-step instructions for filing a divorce with the court - so the client knows exactly what to do to get his/her divorce finalized.
  • We provide unlimited technical support - if a client needs assistance through the online process, he/she can always reach out to us via phone, email, or live chat, and we'll do our best to help.
  • We save our clients time and money - if divorcing spouses agree regarding the terms of their divorce, they typically don’t have to pay thousands to a lawyer to handle their divorce forms and don't need to spend hours trying to do it all by themselves.

Divorce Courts in Weber County, Utah

Weber County District Court
Court Address:
2525 Grant AVenue, Ogden, Utah 84401
Phone:
801-395-1079