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Show rka Legal Lines Divorce rules have changed in Utah laws l TAMARAHAUGE Editor Note: The following column Is by Salt Lake City attorney Tamara Hauge, who will submit columns periodically on domestic legal Issues. Tamara participates weekly in the KALL radio program "Leeal Eagles," answering questions. She 1 also legal counsel for Parents for ' Fairness In Family Law, a divorce reform group, and is associated with Utah Parents for Children's Rights. She Is in private practice in the areas of domestic, personal Injury law and general practice. i What is more tramautic to the average person: to be sent to jail i or to be in the middle of a divorce? The answer: Divorce is the 3 single most traumatic event a person can experience, second 5 only to the death of a spouse. If you answered the question correctly, you are probably one of the 8,000 Utah couples who ; are expected to obtain a divorce this year. Along with the suitcase you may have packed as you left, you rt may have packed a fair number of questions about the upcoming divorce. Some commonly asked questions are the following: What are the grounds for divorce in Utah? In the past there were nine grounds for divorce, and the judge had to find that one or both parties were at "fault" for the break-up of the marriage. In the last legislative session, however, the legislature provided for divorce on the basis of "irreconcilable differences," so that the parties need not allege fault if they do not wish to. How long does it take to get a divorce? It takes at least ninety days to get a divorce, and where there is a dispute as to the terms 1 of the divorce (for example the couple can not agree how to divide the marital property), then atrial may be necessary which ,, could lengthen the process by six months to a year or longer. ., Parties often settle their differences out of court in order to ;, avoid this delay. y What is involved in an uncontested divorce? In an uncon-tested uncon-tested divorce, the parties decide between themselves how they n will divide their property, who will receive custody of the minor ' children, whether support payments will be made, and any other issue pertaining to the divorce. These terms will then be i incorporated into the divorce complaint. The complaint is filed ' by one of the parties, who is then called the plaintiff. The non-filing party (the defendant) will sign a waiver, and then both r parties wait for ninety days to pass. ' After ninety days the plaintiff appears with his or her attorney - for a hearing before the judge. This hearing is held in private, in ;f the judge's chambers without the defendant present. The pur-' pur-' ' pose of the hearing is for the plaintiff to testify as to the grounds 'A for the divorce. If the judge is satisfied that there are grounds for divorce which meet the statutory requirements he will grant the ( divorce, sign the papers and the parties will be legally divorced, 'j What is involved in a contested divorce? In a contested di-V di-V vorce, the parties cannot agree as to the division of property, t custody of the children or other issues pertaining to the divorce. )( A complaint is filed by the plaintiff which sets forth the terms the :3 plaintiff wants..The defendant replies.to the complaint by filing an "answer"-a document which refutes the statements in the r. complaint and sets forth the terms the defendant wants, .r- After the answer is filed both parties prepare for trial. In o preparing for trial the respective attorneys try to find out as 2' many facts about the issues as is possible. Each attorney may send interrogatories-sets of questions which the other side has 'n to answer in writing; another method of determining the facts is to set up a deposition. A deposition is a situation where a 'a witness or a party answers questions under oath before a court reporter. Your attorney may also need to hire one or more "' experts in order to assist him or her in preparing for trial; depending on the issues of the case, a real estate appraiser, custody e valuator or CPA may be helpful. As the trial approaches, the parties may negotiate and come to an agreement, at which point a trial will not be necessary. Or the case may go to trial and the judge will decide all disputed issues. The divorce is granted at that time. This is the most basic outline of the legal proceedings involved in-volved in a divorce. If divorce is imminent in your life, don't wait to get answers to all of your specific legal questions. Don't take your spouse with you-it is better to go alone. Your actions in the early stages of the divorce may determine whether you receive a favorable result in the divorce proceedings later on, so don't delay in consulting your attorney and finding out your rights. |