Can I get a divorce without going to court?

A divorce is a legal proceeding that must be ordered by the court.  It requires a party to file a petition for divorce and pay a filing fee.  Many divorces are settled between the parties without having to actually appear in court.

Can I get a divorce without hiring an attorney?

Yes, but we do not recommend it. Many clients have come to us after their divorces were final to try and correct mistakes made because they were not represented by counsel.  It is almost always easier (and cheaper) to hire an attorney for your divorce and make sure you get it right the first time.

What if my spouse and I agree just want to do an "Uncontested" divorce?

Many divorces start out "uncontested," but is is rare for the parties to fully agree on all the issues and to truly have an “uncontested” divorce.  Even if you are one of those lucky few, we can help you to draft and file all the necessary paperwork with the court.

What if my spouse is un-employed or underemployed?

Both child support and alimony calculations are based on each spouses’ ability to earn, even if he or she is currently unemployed or earning less than previously earned.

What if my spouse or I are self-employed or own a business?

Any business interests acquired during the marriage are marital property subject to division in the divorce. When a business is involved, there are many factors that require an in-depth review of business income and expenditures.

 

What happens if I fail to disclose income or assets to my spouse?

This will always backfire on you. Both spouses are entitled to full disclosure of the financial position of the other, including new jobs, raises, bonuses, overtime, etc.  Failure to disclosure financial information can result in the court vacating your divorce decree and/or awarded an undisclosed asset in its entirety to the other party.

What happens at a divorce mediation?

Utah law requires divorcing couples to attend mediation to try and negotiate a settlement of their divorce prior to going to trial. The mediator will weigh in on the case, the evidence, and each party’s position and attempt to get the parties to come to an agreement.

Can my spouse and I have joint custody of our children?

The divorce court has discretion to order that the parties have a more equal parent-time arrangement, known as “joint custody.”  There are many factors the court considers in reaching that decision.

What Is A Custody Evaluation And How Much Does It Cost?

A custody evaluation is a court ordered process whereby a licensed and trained child expert (i.e. therapist, psychologist) performs an in-depth review of the case. The evaluation usually takes between 8-12 weeks and typically costs between $4,000-$8,000.

How long will I have to pay alimony?

Unless there are unusual extenuating circumstances (e.g. where one spouse is permanently disabled), the court cannot order alimony for a duration that is longer than the number of years that they parties were married.  The court may award alimony for a shorter period of time.

What are the chances of getting my spouse to pay my attorney's fees?

The divorce court has authority to order one party to pay for the other’s legal costs, it rarely does so. It usually only happens in an initial divorce where there is a very large discrepancy between the financial means of the parties.  Getting reimbursed for legal costs incurred to pursue an ex-spouse who is not following court orders is more likely.

Do I have to be careful about what I post on social media?

Anything posted on social media sites or the internet is essentially permanent and can be retrieved.  It may be considered an admission that can be used against you in court, including videos, photos, rants and statements only intended for close personal friends or family members.  Be especially careful about bad-mouthing your spouse online.

Can I afford an attorney to represent me?

We know that legal services are not cheap.  Our attorneys billing rates are very competitive for attorneys along the Wasatch front, and we do our best to provide efficient service on your case.  However, just as with other services, you get what you pay for when hiring a divorce attorney.  A divorce is a major life event on par with marriage and childbirth in significance.  It is worth it to pay for quality legal representation to make sure you get it done right.