Considering A Divorce?
An Outline of Utah Divorce Process
– First, clients should block the opposing party on any social media platforms and to use caution when posting anything during the divorce proceedings that might be used against you. Social media posts can be used as evidence.
– Also, take screenshots of your estranged spouse’s incriminating posts; such as vacation pictures, excessive spending, derogatory posts about you, your children or anything else that may help your case.
– A Divorce Petition is prepared by us and filed which includes the Petitioner’s complaints and demands.
– Respondent is either served with the Petition and supporting documents by a constable, who provides proof the party was served, or the Respondent can accept service of the documents via email or hand delivery without being served by a constable. However, they will need to sign an Acceptance of Service.
– Respondent has 21-Days (30-Days if Respondent lives out-of-state) to answer the Petition after they are served or have accepted service.
– Respondent files an Answer to the Petition and often a Counter-Petition. (The Answer often denies everything in the Petitioner’s Petition.)
– We then prepare and file an Answer to the Counter-Petition. (This is usually a denial of everything in the Counter-Petition.)
– Both parties exchange Financial Declarations outlining their income and expenses including paystubs, bank statements, etc. These documents are used to help determine child support and alimony, if applicable.
– At this point, the attorneys communicate and see if they can facilitate an agreement between the parties. If they are not able to reach an agreement, mediation is scheduled with a mediator. We have a list of competent mediators.
– A mediator is a neutral third-party hired to help the parties come to an agreement. The mediator does not work for either party or lawyer. The parties’ split the cost of the mediator at the end of the session. Most mediators charge between $250-$350/hr. Most mediations last between 4-8 hours. The Courts require that all parties’ attend mediation before they can schedule a trial with a judge.
– The mediation is usually held via Zoom but can be held in-person if requested. The parties are in separate (virtual or physical) rooms and the mediator goes back and forth working on a resolution.
– If the parties come to a resolution, the mediator prepares a Stipulation signed by both parties, which is a binding agreement filed with the Court that outlines the agreement. If a resolution is not reached, another mediation may be scheduled, or the parties may decide to proceed to trial.
– This Stipulation is then used to prepare the final Divorce Decree and supporting documents.
– The judge reviews the final documents and signs the final Decree making the divorce final. This usually can take anywhere from 1-4 weeks for review, depending on the judge’s case load. In some cases, the judge may request additional clarification or documentation before signing the final Decree.
* Please call or text us at 801-756-6288. Let us help you with your divorce case.
**The above blog post is for information purposes only and should not be considered legal advice or establish an attorney-client relationship.