The issue of domestic violence continues to wreak havoc on numerous families in Utah. To protect themselves from further harm, victims can obtain a protective order against their abuser. However, for those who hold a protective order and are married and seeking divorce, concerns may arise regarding the impact of the order on their ability to file for divorce.
Divorce in Utah: An Overview
Utah legally refers to divorce as "dissolution of marriage." It is important to note that there are two primary categories of dissolution of marriage: contested and uncontested. A contested divorce arises when disagreements persist between spouses, spanning issues like child custody and property division. Contrarily, an uncontested divorce materializes when both spouses reach an agreement on all aspects of their separation.
Protection Orders in Utah
Victims of domestic violence in Utah can acquire a protective order from the court system. A protective order essentially directs the abuser to maintain a significant distance from the victim. Moreover, it can include provisions detailing child custody arrangements, distribution of property, and financial support.
How a Protective Order Affects Divorce Proceedings
While it is possible for individuals with a protective order against their spouse to file for divorce, it is important to understand that the presence of such an order can significantly influence the proceedings.
Serving the Papers
Ordinarily, the petitioner (the party initiating the divorce) serves the divorce papers to the respondent (the other spouse). However, in cases where the respondent is bound by a protective order, personal delivery of the papers by the petitioner is prohibited. Alternatives include involving a third-party process server or seeking court approval for alternative methods of service.
Temporary Orders
Throughout the divorce process, the court may issue temporary orders relating to child custody, property division, and spousal support. When a protective order is in place against one of the spouses, the court often hesitates to grant them any custody or visitation rights. This is especially true when the order specifically prohibits contact between the abusive spouse and the victim and their children.
Property Division
Utah adheres to the principle of "equitable distribution" when dividing marital property. Essentially, the court strives to distribute assets fairly and equitably, taking into account various factors such as the duration of the marriage, the financial standing of each spouse, and their respective contributions. However, when one of the spouses is subject to a protective order, the court must consider how the order affects the ownership and control of specific assets.
Child Custody
Child custody frequently emerges as a contentious issue in divorce proceedings, particularly when a protective order is involved. Should the protected parent serve as the primary caregiver, the court may be hesitant to grant custody or visitation rights to the abusive parent. Even if the protective order allows for supervised visits, the court takes measures to safeguard the well-being of the children.
Conclusion
In Utah, individuals who possess a protective order against their spouse may still file for divorce. However, it is vital to acknowledge that the presence of a protective order can significantly impact the divorce process. Matters such as serving the papers, issuing temporary orders, dividing property, and determining child custody are all subject to the influence of the protective order. To ensure the protection of their rights and interests throughout the divorce process, individuals confronted with this situation are strongly encouraged to seek guidance from an experienced family law attorney.