Currently, Utah State Law requires anyone seeking to obtain a divorce to attend a divorce orientation course if they have any minor children.  The petitioner in the divorce is required to attend the course within 60 days after filing a petition for divorce.  The respondent is required to attend the class within 30 days of being served with the divorce petition.  Utah Code § 30-3-11.4 details the entire law governing the divorce orientation course requirements.  While the law uses the forceful language that a parent “shall” attend the course within a certain time frame, the reality is that many people take the course later on in the divorce proceedings.  The Utah State Legislature recently passed a law in hopes of giving more incentives to individuals to take the class early in the litigation process.

Divorce Orientation Course Changes

Although the time frames to take the class have not changed, the new mandatory orientation class must now be taken by a person seeking temporary orders before the temporary orders hearing can be heard.  This means that if a person wants the court to enter orders temporarily, that is to say until the divorce is actually final, that individual must first attend the divorce orientation class.  A person can still get emergency orders entered pursuant to Rule 65 of the Utah Rules of Civil Procedure before taking the class, but emergency orders are much more difficult to obtain than regular temporary orders.

The new law also allows an individual to attend the course through an online provider.  This allows more availability to take the class, because it was previously only offered through live instruction, or DVDs if a person was out of state or incarcerated.  Additionally, if someone takes the class within 30 days of either filing or being served the petition, he or she cannot be charged more than $15 to take the course.  The new law goes into effect July 1, 2014.

Questions? We Have Answers

If you have questions about the orientation course and are looking to hire a divorce lawyer, contact a divorce lawyer from Provo by calling 801.800.8247.  We can answer your questions about the mandatory divorce classes and help you through the confusing process of divorce.

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The issue of gay marriage has taken many twists and turns in Utah over the past few weeks.  A few days before the Christmas holiday, Judge Robert Shelby of Utah’s Federal District Court ruled that Utah’s Constitutional Amendment 3 violates the United States’ Constitution.  Immediately after his ruling, many gay and lesbian couples in Utah flocked to county clerks to obtain marriage licenses.  Salt Lake County immediately issued licenses but the Utah County clerk refused licenses to gay and lesbian couples for a week pending the resolution of the attorney general’s office asking for a stay (stop) to the ruling.

Utah’s Attorney General’s office asked Judge Shelby to stay his ruling pending an appeal to the 10th circuit Court of Appeals.  Judge Shelby refused so the state asked the 10th circuit to stay the ruling.  The 10th circuit denied to pause new marriages too so the state appealed to the US Supreme Court.  Yesterday, the US Supreme Court granted the state’s request for a stay.  The Court’s decision temporarily halts any new gay marriages until the case completes the appeals process.

No Same-Sex Marriage Means No Same-Sex Divorce

The Supreme Court’s decision not only halts future same-sex marriages, it stops any same-sex couples from filing for divorce in Utah.  The Court’s decision essentially reverts Utah marriage law to the way it was before Judge Shelby’s ruling.  This means same-sex marriages in Utah are not recognized and cannot be terminated.  In other words, married gay and lesbian couples in Utah cannot be granted a divorce by a Utah court.  News sources reported that after the legalization of gay marriage in Utah some same-sex couples filed for divorce.  These couples were married in other states where gay marriage is legal.  As Utah residents, however, they could not divorce because Utah law prohibits Utah courts from granting divorces of gay and lesbian couples.  Once again, these couples cannot divorce and they are denied the benefits of family law related protections such as child custody and property division orders.

Help for Divorcing Same-Sex Couples

Provo Divorce Lawyers will closely follow the issue of same-sex marriage in Utah.  Though same-sex divorce is not currently allowed in Utah, there may be different things a Provo Divorce Lawyer can do to help those gay and lesbian couples looking for divorce options.  Call 801.800.8247 to speak with a Provo Divorce Lawyer today.

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In order to be granted a divorce in Provo, a person must satisfy certain requirements.  There are many legal requirements such as residing in Utah County for three months, waiting 90 days after a divorce is filed, and attending mediation before having a judge decide the contested issues of the divorce.  One requirement unique in Utah is the requirement that all divorcing persons with children must attend a divorce orientation class.  This class is intended to inform those divorcing how the legal process works, the implications of divorce, and the availability of other options.  Currently, the class is supposed to be taken within 60 days of filing for divorce.  If Rep. Jim Nielson has his way, however, this class will have to be taken before a divorce can even be filed.  Some Utah divorce lawyers in Provo, Orem, Heber, and the surrounding areas are opposed to the proposed changes.

The Problem of the Divorce Orientation Changes

Provo, Orem, and Heber divorce lawyers are opposed to the proposed change because it places another burden on individuals seeking a divorce.  The class itself seems unnecessary but to have it required before a divorce can even be filed places an unnecessary burden on individuals in Utah, Wasatch, and surrounding counties.  People often need temporary orders issued quickly in a divorce because of abuse or neglect of a spouse.  Requiring individuals to first take the divorce orientation class before a divorce can be filed delays needed help from the court.

The Administrative Office of the Courts also expressed concern that the change in timing could affect people’s access to the courts.  Rep. Nielson’s proposal is an unnecessary intrusion into the divorce process.  At this point the proposal is not yet a proposed bill.  Hopefully many people and divorce lawyers will speak up and inform Rep. Nielson that his proposal is not a good idea.

Contact a Lawyer in Provo Today

If you or someone you know is thinking of filing for divorce in Utah County Wasatch County, or any other county in Utah, contact a Provo Divorce Lawyer today.  A Provo Divorce Lawyer will walk a person through each step of the process, including the divorce orientation class.  Call 801.800.8247 to speak with a lawyer today.

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Divorce lawyers serving the Provo area are often asked what happens when one person doesn’t want a divorce and won’t sign off on divorce papers.  The short answer is that it doesn’t matter because it is a judge in a Utah District Court who signs and grants a divorce.  When a person does not want to get divorced that person can only delay the divorce process; he/she cannot stop the process.  Divorces are achieved quickly when both people agree to the terms of a divorce.  One thing a person can do if he/she does not want a divorce is by having a Utah Family Law Attorney filing a petition for conciliation.

Petition for Conciliation in Utah

A petition for conciliation is a legal procedure governed by Utah Code 30-3-16.2 and is an alternative to divorce.  This law allows for either spouse to file a petition in a Utah District Court “for the purpose of preserving the marriage by effecting a reconciliation between the parties or an amicable settlement of the controversy between them …”  The petition my be filed before the filing of a divorce, annulment, or separate maintenance case.

Once a petition for conciliation is filed, the matter is referred to the court’s domestic relations counselor and the parties can be ordered to attend counseling to work out the controversy.  When the petition is filed, it can prohibit either spouse from filing a divorce, annulment, or separate maintenance action for up to 60 days.  If a divorce, etc., has already been filed, the pending family law matter can be stayed for 60 days with the filing of a petition for conciliation.  Though conciliation petitions are not often used, they can be a useful remedy for a spouse seeking to save a marriage.  Those considering a way to save their marriage should talk to a Provo Divorce Lawyer about conciliation.

Contact a Provo Divorce Lawyer Today

If you want to save your marriage and are involved in a divorce, annulment, or separate maintenance proceeding, or if such a proceeding is imminent, contact a Provo Divorce Lawyer today.  A Provo Divorce Lawyer will file a petition for conciliation and help you save your marriage.  Contact an attorney today at 801.800.8247.

The post An Alternative to Divorce in Utah: Petition for Conciliation appeared first on Provo Divorce Lawyers | Utah Family Law Attorneys.

Order to Show Cause

To enforce your decree of divorce, you will need to file a motion for order to show cause. In your motion you can request your ex be held in contempt, perform certain obligations, and even be required to pay your attorney fees for bringing the action. The court will issue an order to show cause requiring your ex to appear in court and explain a defense if any. There is a certain legal process you have to go through. In addition to the motion, you need to file an affidavit supporting your allegations. Moreover, your ex will need to be properly served with the documents including the order to show cause with the date and other information for the hearing. It gets a little complicated so it can be very helpful to have a Provo Divorce Lawyer represent you in the process.

Get Help

Many people do not realize they have options for enforcing their divorce decree. In fact, many people sit idly by while their ex refuses to perform their legal obligations with no consequence. Don’t let this happen to you. We can help get exactly what you are legally entitled to under the provisions of your decree. Call us today for more information.

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Consolidating Cases

In some situations it is important to fight for the protective order and keep the parties away from each other for both of their protection. However, in cases where the protective order was maybe used for other reasons the best resolution is to come to an agreement that you’ll deal with your differences, your division of property, and other concerns in a divorce. Protective orders are far too often misused and instead of fighting for something that should never have been requested you can have a restraining order placed in your divorce decree that in most cases deals with all the issues that the party who filed the protective order was concerned with in the first place.

Provo Divorce Attorney | Serving All Your Family Law Needs

Whether you’re dealing with a protective order, a divorce, or both; the lawyers at Divorce Lawyer Provo can help. We work in all areas of central utah and have helped hundreds of family law clients in all types of cases. We understand that family law issues can be emotional and we strive to help relieve our clients stress over the case by helping them understand every aspect of it. We offer free consultations so give us a call right away, in most situations we can answer your questions right over the phone in a matter of seconds, so call us today.

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• Both you and your partner are of legal age and capable of giving consent;
• You are both legally capable of entering a marriage (neither one of you are already married, or related, etc.);
• You have lived together (no specific time required);
• You treated each other as if you were married;
• Held yourself out as man and wife.

If you can prove all of the conditions exist, you might succeed in court in having your relationship recognized. Of course it is much easier if the other party does not contest and agrees to have the relationship recognized. More often than not, however, one party does not agree and the petitioning party brings the action after the parties breakup. Another important issue to keep in mind is that a petition must be brought during the relationship or within one year after the relationship terminates.

The Requirement of Consent

The law in Utah requires that the parties must have consented to the relationship as a marriage. This is often where the court battle ensues. One party often argues they never consented to a “common law marriage” while the other party argues consent in one of the following ways:

• Proof of a written agreement;
• Testimony of witnesses who can attest to an agreement;
• Joint bank accounts;
• Joint ownership of property;
• The woman taking the man’s last name or joint children taking the man’s last name;
• Filing joint tax returns;
• Referring to each other as being married;
• Declaring each other as married in certain legal documents.

If the petitioning party can prove any of these circumstances existed, they have a real chance at proving consent and succeeding in the action. To have your particular circumstances reviewed by Provo Divorce Lawyer, call or email us right away.

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