Do I Need An Attorney To Get Divorced in Utah?
No, you do not need an attorney to get divorced in Utah.
BUT…. you may want to talk to one or hire one anyway…
Let me explain.
Legal words and legal terminology can be very different than what is used in common language. Sometimes you think something has a specific meaning and in the law it can have a completely different meaning.
Additionally, if you have not gone through law school, taken and passed a bar exam, and studied the relevant portions of the family law code in Utah; then you probably do not fully understand your legal rights in a divorce case.
Quiet honestly, you could work out your own divorce case, if both you and your partner settle on all the issues of the divorce; however, I would certainly advise that you have a lawyer.
Here is an Example:
We had a client come in who had an amicable divorce and she showed us her divorce papers from about 8 years ago. They had owned a home and he agreed to sell it and give her half of the equity in the home. Here’s the problem. He told her that, but nothing was mentioned about the house in the divorce decree.
Thant’s right – it was omitted! Nothing – Nada – Zip!
So what do you do?
He had since sold the house and not given her a penny. Of course, it was not just her word against his… but still… she got nothing! and the divorce decree was silent on the issue.
We, we go back to court. This time, she has us on her side and we plan on getting her half of the equity.
But think about it – if she had used an attorney, the house would have been listed and how the house was going to be disposed of and who was going to receive what money would have been in there completely.
This is just one example.
Conclusion
In conclusion, it is a good idea to have someone who recognizes and knows the law as well as the court system to help you. For those who say it is too expensive, think of the consequences if it is not done right. I think you should get help from a family member if funds are tight, better to do it right than to regret it later. You should always hire an attorney to help you.
Thanks for visiting and if you have a question about family law or divorce, please give us a call.
Divorce in Utah
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5507
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