Divorce...how simple?

WeeMan said:

UTAH.....

My girlfriend wants a divorce from her husband. They have been separated for over two years. I have been living with her for a year or so...we have a baby together.

Is it as easy as going to the court house and filing? There is no property dispute. They do have children, and there will be a custody battle. Can the actual divorce be handled separately from the custody battle? He will probably contest the divorce, because he is still inlove with her. I want her to get a divorce...as a first step in proving her commitment to me.

What should I/we do?

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>Charlotte< said:

If she wants a divorce, she doesn't need his cooperation.

I've edited a lot of this for brevity, but the entire statute can be reviewed here:
Utah Code -- Statutes and Constitution

Look for Title 30--Husband and Wife, and then open the subfolders.

Utah Statute 30-3-1. Procedure -- Residence -- Grounds.

(1) Proceedings in divorce are commenced and conducted as provided by law for proceedings in civil causes, except as provided in this chapter.

(2) The court may decree a dissolution of the marriage contract between the petitioner and respondent on the grounds specified in Subsection (3)...

(h) irreconcilable differences of the marriage; or
(j) when the husband and wife have lived separately under a decree of separate maintenance of any state for three consecutive years without cohabitation.

Note that (j) is "or", not "and"--the three year separation doesn't appear to be a requirement.

If there are minor children involved, once the petition for divorce is filed, the petitioner must attend a one hour "divorce orientation course" within 60 days of the petition. The respondant must attend that same course within 30 days.

(5) The divorce orientation course shall be neutral, unbiased, at least one hour in duration, and include:
(a) options available as alternatives to divorce;
(b) resources available from courts and administrative agencies for resolving custody and support issues without filing for divorce;
(c) resources available to improve or strengthen the marriage;
(d) a discussion of the positive and negative consequences of divorce;
(e) a discussion of the process of divorce;
(f) options available for proceeding with a divorce, including mediation, collaborative law, litigation, and a discussion of post-divorce resources.

The cost of the course is a maximum of $20, but that can be waived is any participant is unable to pay. The fees fund the Children's Legal Defense Account.

Utah also has an Online Court Assistance Program which provides instructions and the forms required to petition for divorce.

Utah Divorce, Landlord Tenant, Guardianship of a Minor, and Protective Order forms - Online Court Assistance Program

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WeeMan said:

UTAH.....

My girlfriend wants a divorce from her husband. They have been separated for over two years. I have been living with her for a year or so...we have a baby together.

Is it as easy as going to the court house and filing? There is no property dispute. They do have children, and there will be a custody battle. Can the actual divorce be handled separately from the custody battle? He will probably contest the divorce, because he is still inlove with her. I want her to get a divorce...as a first step in proving her commitment to me.

What should I/we do?

Click to expand...

WeeMan said:

I want her to get a divorce...as a first step in proving her commitment to me.

Click to expand...

mistoffolees said:

You've been living with this woman for a year and have a child together, but a divorce from her husband will be the first step in proving her commitment to you?

Wow. Just wow.

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Isis1 said:

oh crud. i totally missed that part. OP, you don't have a child. her and her husband have a baby.

man, you better do something for yourself and QUICK!

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mistoffolees said:

You've been living with this woman for a year and have a child together, but a divorce from her husband will be the first step in proving her commitment to you?

Wow. Just wow.

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Proserpina said:

Read OP's t'other thread...

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mistoffolees said:

At the risk of repeating myself:

Wow. Just wow.

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