Le Knapp: Obtaining a Divorce in Utah

One of the reasons people stay together long after they should is fear of the divorce process. Do not let your fear of the unknown legalities of divorce prevent you from moving forward with your life in a more positive manner. Being trapped in an empty marriage is no way to live. The process of obtaining a divorce can seem daunting, but the fact is that many people have been able to navigate the process and so can you. A skilled family law attorney would be happy to explain the legal requirements involved in getting your divorce.

To obtain a divorce in Utah, you must be able to show you fall within this requirement — either of the parties to the divorce was a resident of the county in which you file your case in Utah for the period of three months before filing for divorce in the District Court.

Facebook Evidence in Divorce

A 2010 survey conducted by the American Academy of Matrimonial Lawyers (AAML) concluded that 81 percent of divorce attorneys had seen an increase in the use of social media as evidence — with Facebook topping the charts at 66 percent. In the more than two years since the disquieting AAML survey, Facebook has grown to 955 million monthly active users. Chances are your spouse and the friends and family of your spouse use Facebook. Following are five tips for Facebook use during your divorce.

Consider everything you post will be used in court

Consider everything you post on Facebook as public information. With one click of a button, your photos and comments can spread exponentially until it falls into your spouse’s hands and then into the court file. In addition, a court has the authority to order you to release deleted and private postings to your spouse.

Do not post party photos

Flirting with new friends and enjoying a few drinks may be harmless activities as you transition into your single life, but photographic evidence of your partying can be damaging. Even innocent photos can be misconstrued and used against you by your spouse.

Talk to your friends, don’t post on Facebook

Although your spouse may really have cheated on you or behaved badly in other ways, Facebook is not the appropriate forum to vent your frustrations. Your angry tirades — no matter how justified — can be twisted to your spouse’s advantage.

Don’t talk about your case

Along with divorce comes the freedom to buy and do what you want without asking your spouse’s permission. However, your purchase of a new boat, car or vacation home may diminish your argument that you cannot afford to pay financial support or that you need your spouse to pay you alimony.

Change your privacy settings

Facebook allows you to control how much information you share with the public. However, although updating your Facebook privacy settings can protect you, the adjustment does not guarantee your spouse will not get hold of your postings.

Divorce Lawyer Free Consultation

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.