If you seek the services of an attorney you and your spouse must have different representation. This means that you cannot have the same lawyer. In most cases, if a lawyer is needed there are bound to be issues and arguments over various aspects of the divorce whether it be who gets what or your children.
In the state of Utah the source of the couple’s income does not play a part in who gets what. Instead, this stat recognizes an equitable division of the assets, which may or may not be equal. The division of your things and property is dependent on several factors, which include:
- The length of the marriage
- Factors such as age and overall health of all parties involved
- The jobs or careers of the various parties
- The amount, as well as the source of the income of each person
The fact is that the divorce laws in Utah do not separate assets by whose name is on the title or lease. Instead they divide the property in an equal fashion. Additionally, the courts have the power to divide any item or property no matter the circumstances of ownership. The parties can come up with their own plan to divide items, yet it must be approved by the court and once this process is complete the division portion of the divorce cannot ever be reopened and rehashed.