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Divorce Property Division in Utah

Divorce property division in Utah is an important issue that should be carefully addressed in each divorce. The Court will divide all of the marital property regardless who holds title of the property or where it is located, if the parties cannot come to a mutual agreement on their own.

What Property Will I Get in Divorce?

Generally, non-marital property is not subject to division in a divorce. Non-marital property generally includes any property that the party brought into the marriage or received during the marriage by gift or inheritance. Non-marital property can sometimes become marital property if it is commingled with marital property to such an extent or used in such a way that is loses its non-marital status. This can even be unintentional. We will help you ensure that you receive the property to which you are entitled.

Under Utah law all martial property must be equitably divided during a divorce. All property that is acquired during the marriage–even if it is titled in only one party’s name–is generally marital property. For example, if the couple purchases a home during the marriage, but the home is only put in the name of one of the spouses, the home will generally be considered marital property and subject to division.

It should be understood that an equitable division does not always mean 50/50. The court will consider a number of factors, including the occupations of the parties, how long the couple has been married, the age and health of the parties, incomes of the parties, and other related matters.

Does Utah Recognize & Enforce Premarital Agreements?

Utah enforces valid prenuptial or premarital agreements. The parties must have a reasonable mutual disclosure of the financial obligations and property of each other (or waive such disclosure) and agreement must be voluntarily signed by the parties in order for the premarital agreement to be a valid. There are limitations to premarital agreements, however. If you are considering a premarital agreement, or have an existing agreement and have questions about how the agreement will be enforced, schedule a free initial consultation with our knowledgeable divorce attorney to assist you.

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$1500 Flat-Fee Uncontested Divorce

If you and your ex have already agreed to all the terms of property division, visitation, child support & maintenance and only need an attorney to draft the paperwork to make the agree legal, our flat-fee uncontested divorce can help. We understand that attorneys sometimes complicate your agreement to increase their fees. Not us! Our flat-fee uncontested divorce will affordably draft and file all the necessary paperwork to quickly finalize your divorce–if you have already agreed to the term.

Why Are We The Leading Domestic Firm in Utah?

Experienced & Compassionate Utah Attorneys

Our domestic attorneys have dedicated their practices to understanding the intricacies of family law issues to protect the interest of our clients. We also work to solve problems to keep the costs down.

Individual Attention

Out individual attention to each client and each case has helped us grow our law firm practice to one of the top firms in Utah. Simply put: our process and case handling provides greater care than our competition.

Balanced & Aggressive

Success in domestic issues requires a delicate balance between aggressively protecting our client’s interest and seeking to defuse and resolve disputes to keep the costs down. We seek to quickly find mutually acceptable solutions to help keep the costs low while protecting your interest.


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Our locations are conveniently located for easy access from I-15.

207 East 860 South, Orem, Utah 84058

8823 South Redwood Rd., Ste. C, West Jordan, Utah 84088

(c) Copyright Weekes Law, PLLC 2011-2019. All Rights Reserved. This website is not intended to be legal advise or create an attorney-client relationship. Information, forms or documents are intended for general information only and may not be regarded as legal advice. Laws change periodically, and the contents of this site is not guaranteed to be up-to-date. It is highly recommended that you seek professional legal advice so you can understand your full rights and obligations under the law.