Divorces are inherently emotionally charged and very personal proceedings. Not only is a marriage ending, but there are also other important issues being decided as well, such as custody, parent-time, dividing assets, and debt allocation.

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Some divorces are be amicable, with both parties agreeing how the divorce should be resolved. In those cases, all that’s generally left is tying up various minor loose ends (for example, completing the mandatory divorce education and orientation courses if custody and parent-time are involved) and drafting all the necessary documents. Our experienced Utah divorce lawyers can make the drafting process as easy and inexpensive for you as possible.

 

Usually, however, the parties getting divorced are unable to mutually agree upon how to resolve key issues and must go proceed through a more complicated process. This process generally goes something like this:

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• Party 1 files a petition for divorce with the court and the divorce proceedings begin.

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• The petition for divorce and a summons are served on Party 2. Party 2 then has to file an answer to the petition for divorce and, if Party 2 chooses, file a counterpetition for divorce.

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• If Party 2 files a counterpetition for divorce, Party 1 then has to answer the counterpetition.

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• In the meantime, both parties are gathering financial documentation and similar documents that must be exchanged (for example, the law typically requires an exchange of 12 months of pay stubs, 3 months of financial statements, loan documents, real property documents, tax returns, etc.). Once the financial information is exchanged, and other necessary discovery is done (for example, obtaining an appraisal of the marital home), it’s generally time to attend mediation.

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• Mediation is generally a required part of the divorce process. And, in our extensive experience, mediation is where most divorce cases are resolved. For mediation, the parties hire a professional mediator and generally split the cost for the mediator’s services (typically in the form of an hourly fee). Most often, the parties are in separate rooms (with their attorneys) and the mediator bounces back and forth between the rooms in an attempt to craft a resolution. The parties can be creative in reaching a resolution. If the parties reach an agreement, a binding stipulation for divorce will be drafted and signed. At that point, generally all that’s left to do is draft the final documents for the court’s review and signature.

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• Sometimes, however, mediation fails. In these cases, the next step is usually to ask the judge to set a date for trial so that the judge can decide how the divorce will be resolved.

 

Every divorce is different some do not follow the typical process outlined above. For example, in some divorces involving children, temporary orders are sought from the court in order to establish what custody and parent-time will look like while the divorce is being litigated. In other divorces, including those involving heated or complicated custody disputes, a custody evaluation may need to be performed and/or a guardian ad litem (an attorney for the child or children) is appointed. In other cases, one party may be self-employed and the services of an accountant may be required to review and analyze that party’s business records for purposes of determining that party’s gross monthly income for child support purposes. Regardless of the nature of your divorce, we can help you through it.

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Let’s talk about your divorce. We can talk about property division and how the judge may allocate marital debt. We can assess claims for child support and alimony. We can talk about custody and parent-time, and the factors the judge usually considers in making decisions on those issues (for example, who has been the child’s primary caregiver, what the parties’ work schedules look like, the distance between the parties’ residences, etc.). We can also give you an idea of how long the divorce process may take considering the circumstances of your specific case. Finally, we can answer your questions and set a strategy together aimed at reaching the best possible outcome for your case.

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Feel free to reach out to discuss your case. In family law matters, we offer 30-minute, no-obligation consultations for a flat $75.00 fee. This allows us to schedule a specific time to talk regarding your case and answer your questions. From there, you decide whether you want to hire our Utah family law attorneys to represent your interests moving forward.