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Does It Matter Who Files For Divorce First?

When a spouse starts to accept the fact that their marriage is coming to an end, logistical questions such as the division of assets, determining custody, and spousal support all come into play.

As you start to consider these questions in your own situation, you may start to wonder how this will all play out in court, and while it is uncomfortable to admit, you may be thinking about how to make sure that this works out in your favor.

One common question is whether or not it matters who files for divorce first in Utah.

While there are some benefits to being the petitioner in a divorce, such as having more control over where the proceedings take place, ultimately, it does not make a significant difference who files first.

However, in the case of a contested divorce or a situation where one spouse does not wish to go through with the divorce, then only one partner will be moving forward with the process.

In Utah, it does not matter if one spouse wants a divorce and the other does not — the divorce will still go through as long as the filing spouse meets the residency requirements.

If you have decided that you would like to move forward with a divorce, the next step is to consult with an experienced Utah divorce lawyer who can help guide you through the process and ensure that your rights are protected every step of the way.

They will help you make sense of the Utah divorce laws and ensure that you take all necessary steps to protect your interests.

Legal Separation, Annulment, and Divorce in Utah

When a couple decides to end their marriage, they have a few different legal options. In Utah, couples can file for divorce, legal separation, or annulment.

Divorce: A divorce is the legal dissolution of a marriage. When a court grants a divorce, it means that the marriage is ended, and both parties are free to remarry. In order to file for divorce in Utah, one of the spouses must have lived in the state for at least six months prior to filing.

Legal Separation: A legal separation does not end a marriage, but it does allow the court to make decisions about financial and parenting arrangements, just as they would in a divorce. In order to file for legal separation in Utah, one of the spouses must have lived in the state for at least 90 days before filing.

Annulment: An annulment is a legal way to declare that a marriage never happened. To get an annulment in Utah, one of the following must be true:

  • The marriage was incestuous
  • One of the spouses was already married to someone else at the time of the marriage
  • One of the spouses was under 18 years old at the time of the marriage (before May 14, 2019) or was 16 or 17 and married without parental or guardian consent )after May 14, 2019).

If you are considering ending your marriage, it is important to consult an experienced Utah divorce lawyer. They can help you understand your legal options and ensure that you take the best possible action for your particular situation.


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