In 1969, California broke new ground by allowing no-fault divorces. In 2010, New York became the last of the 50 states to allow them. Utah became a no-fault state in 1987. We can debate the moral implications of a no-fault divorce — some people say it makes a divorce too easy to obtain, and several states are moving toward abolishing the no-fault divorce.
My name is Melvin A. Cook and I am a Salt Lake City No-Fault Divorce Attorney. In all my years of family law, it is my experience that no one enters into divorce lightly. The no-fault law reduces conflict in divorce court by removing the need to prove adultery, mental cruelty or some other criterion. The fact of the matter is that if the marriage is broken, it is broken, and no-fault divorce is the easiest way to move on with your life.
“No-fault” does not mean “no evidence.” Even the no-fault law requires a filing spouse to prove the following elements:
As a practical matter, and in nearly all Salt Lake City divorce cases, only the filing spouse appears at the hearing. Therefore, the evidence is simply answering “yes” to your lawyer’s questions.
Utah Code Section 30-30-5 allows the court to consider fault in the breakup of the marriage as a factor in awarding alimony. For example, if the husband had an affair, that may be used a basis for a larger alimony award. Fault can also be a consideration in other areas, such as the distribution of marital assets and parental responsibilities regarding minor children. As a Salt Lake City no fault divorce attorney, I’ve encountered this situation many times. A party wants a no-fault divorce to save time and money and to reduce conflict, but also wants to establish fault to secure a more favorable property settlement. I can help get what you need while avoiding an ugly legal confrontation.
There is no such thing as an easy divorce. The breakup of a marriage can be an emotional and difficult time in anyone’s life. However, not every divorce in Salt Lake City is the same. The no-fault divorce can help you turn the page on an uncomfortable phase of your life. The first important step is to seek legal representation from an experienced and knowledgeable Salt Lake City no-fault divorce attorney with an extensive track record of protecting the rights of each client and looking out for their best interests. To learn more, contact the Law Office of Mel A. Cook at 801.746.5075 or online to schedule your free consultation. Hablo Español.
When it comes the family law and social security disability, each client and case is different. It is also important to select an attorney with the experience, skills and professionalism required to address your legal issues. To learn more, contact the Salt Lake City law offices of Melvin A. Cook and schedule an initial consultation to discuss your case.