Marriage is defined in the state of Utah as the legal union of a man and a woman. It is somewhat of a contract between a man and woman which forms a marital estate, which could also be viewed to be similar to a partnership entity between man and woman. Just as issues arise in business partnerships that affect continuation of the business, there are times when issues arise in marriage that cannot be resolved and the parties, husband and wife, desire to discontinue their marriage and return to single status. Terminating a marriage is called a Dissolution of Marriage or Divorce. The Divorce must be sanctioned by the court and a Decree of Divorce (also called a Divorce Decree) must be signed by a Judge.
The Divorce Decree determines all rights, privileges, responsibilities and obligations which flow to the parties and is considered to be a Court Order. As such, the terms and conditions of a Divorce Decree should not be looked upon lightly. Violating any provision set forth in your Decree of Divorce could subject you to severe sanctions by the court.
The Decree of Divorce should “equitably” divide up the assets of the marital estate (the “partnership”), “equitably” divide the debts, “equitably” make determinations of spousal support/maintenance (alimony), “equitably” determine custody for children in the children’s best interests, determine child support if children were born to the marriage and deal with any and all other matters that need to be determined in order for the legal union/marriage to be terminated. “Equitably” does not always mean equally, which has become a burr under the saddle of many men who are involved in a divorce.
Utah is a fault and a no-fault state. That is, even though “irreconcilable differences” is generally stated as the reason for the divorce, you may also state those other conditions of fault as set forth in the Utah Code.
The Family Law Attorneys at Jolley & Jolley can assist you in all aspects of your divorce and in all family law matters. Our associate attorneys deal exclusively with Utah family law matters. They are experienced and well versed in the law and the application of the law here in Utah.
To schedule your free consultation with a qualified attorney, call us today at 801-FATHERS or send us an email.