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The simple answer is no, there is no advantage to the spouse filing for divorce first. The spouse who files for divorce is called the petitioner. The spouse who is served papers of divorce is called the respondent.
Dating while separated can hold up and complicate the divorce proceedings, can effect custody and visitation decisions, and rarely but possibly, depending on the state, may be grounds for a lawsuit.
In Utah, there is no minimum time period that you need to be separated before a divorce is granted. No matter how long you have been separated, the court will grant your divorce 91 days after filing.
In Utah, there is no minimum time period that you need to be separated before a divorce is granted. No matter how long you have been separated, the court will grant your divorce 91 days after filing.
Generally, the court will divide all property acquired during the marriage (marital property). Courts recognize that both spouses contribute to marital property. Income is only one factor that courts consider.
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Filing for divorce first does not give you any inherent rights over your spouse. One benefit is that if the specific facts of your case warrant, you could have a choice of which county\u2014and sometimes which state \u2014 to file the paperwork in. To be clear, you cannot just file in any ol' location.
From our experience, the average cost for a non-contested divorce in Utah ranges from $2,000 to $2,500 with court filing fees and other legal documents. However, if your divorce is contested it will drive up the price considerably with a base price, based on attorney time starting at about $2,500.
Does it Matter Which Spouse Files For Divorce? Generally no, it doesn't matter which spouse files for divorce. There is no legal advantage to filing the petition for divorce first; however, there may be strategical advantages. For example, whoever files first may get to choose which court will be hearing the divorce.
In states like Utah, abandonment occurs when one spouse willfully deserts the family\u2014both physically and financially\u2014for one year or more. Other states have even longer time periods before one spouse's absence can be construed as desertion.
Utah law does not require a marriage be \u201clong term\u201d before a court can award alimony. Rather length of the marriage is but one of many factors the court considers in deciding whether to award alimony (and if so how long and the amount).

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