Is Counseling Required Before Divorce In Utah?

Is Counseling Required Before Divorce In Utah?

Utah does not mandate any counseling before filing for divorce. However, we would like you to be aware of a new form of counseling, called discernment counseling, which may help couples who are finding it difficult to make a decision about divorce. Note that it is not state-mandated, but an optional therapy that willing couples may go for.

That said, the only thing the state requires for enabling divorce is that you fulfill its residency requirements. And these are:

Utah’s Residency Requirements

According to Utah Code Section 30-3-1, you or your spouse should have resided in a single Utah county for at least 3 months before filing a divorce petition.

If child custody of a minor is involved in the divorce, then the child must reside with one of the parents in Utah for at least 6 months before filing the petition. The period can also be waived if the parents agree to allow Utah to take the home-state jurisdiction over the children (so that the state courts can make decisions regarding the children).

Discernment Counseling In Utah

Discernment Counseling, which is conducted 1-on-1 by a licensed therapist, is like a therapy that helps divorcing spouses gain a better understanding of their relationship before they file a divorce petition. In this counseling program, the spouses learn where they currently stand in their relationship, what their options are, and the positive and negative outcomes that may follow if they choose to divorce (or stay put in the relationship).

Discernment counseling helps spouses make up their minds about whether they should divorce, reconcile, or look at other options such as a trial or legal separation. It is different from other forms of marriage therapy because it does not try to save the marriage – instead, it bares the realities and helps couples make the decision whether to divorce or not.

Discernment counseling may not work if one spouse has already made his/her final decision to divorce, or when one spouse is forcing the other to opt for such counseling, or when a spouse habitually indulges in domestic violence.

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Nathaniel Garrabrandt and Brown Family Law is where I send people who are seeking Divorce. Highly professional and compassionate. Thank you!
I cannot say enough good about my experience with Brown Family Law. Ray Hingson and paralegal Carren did an excellent job with my case. I will definitely use this firm again for any legal issues.
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My experience with Jennifer and Brown Family Law was nothing short of amazing. From the very beginning of my initial consultation all the through until my case was settled, I was well taken care of and updated every step of the way. I felt like my team genuinely cared about the outcome of my case, which was refreshing. You get what you pay for, and Brown Family was worth every penny. To say I highly recommend this group is an understatement.
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Andrew Christensen was a great divorce lawyer. He is very experienced, professional, and was great to work with during this difficult process.
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Going through the divorce process can be overwhelming, exhausting and emotionally draining.
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