My spouse and I want to avoid court
Utah Family Law
The Big Questions (and their answers)
This page will teach you about alternatives to going to court for divorce.
If you want to speak with an attorney, mediator, or arbitrator to discuss which alternative dispute resolution method might work best for your circumstances, please call or e-mail our office, and we will schedule an initial consultation for you with one. 801-466-9277 | divorceutah.com
Question: Can I get divorced without having to go to court?
Short answer: Yes, but you still have to file for divorce in court. Please read on for the more detailed explanation.
Question: Can I get divorced without having to use the services of a divorce attorney to represent me or advise me?
Short answer: Yes, but it is still a good idea to consult an attorney, even if you don’t hire one to represent you. Please read on for the more detailed explanation.
Testimonials
What Our Clients Say
Aaron Neal
Eric was invaluable as counsel during my divorce. Not only was he able to explain the process to me. He helped me through each step making sure I was going in the best position possible in terms of protecting my rights.
AI
Not only is Eric’s interaction with the court very professional and smart, but Eric is very prompt and responsive to me and the court. He was right on top of issues that came up with opposing counsel and he pushed opposing counsel to speed up their responsiveness so that my case didn’t go as long as it might have.
Stephen & Brittany Carroll
We have each worked with many family law attorneys over the years. Eric Johnson stands head and shoulders above them all. He is razor sharp, impressively timely and efficient, knows the law and legal system. We enthusiastically recommend him as your family lawyer.
April Young
Eric was helpful from the first time we met. I value his passion, honesty and straightforwardness whenever I had questions or concerns. He made it possible to settle quickly with the desired results. I will always recommend him to anyone in the unenviable position to need a family lawyer.
Andi Rider
I am thankful I found Eric Johnson. I looked for months to find a lawyer who would fight for what I wanted. He did. I still go back to him today with any issues or questions that I have regarding my divorce.
Detailed explanation:
We have yet to meet anyone who wants to litigate his or her divorce.
Only a court can issue a decree of divorce in Utah, but you can divorce without going to trial if you and your spouse agree to the terms of your divorce and then prepare and file the necessary paperwork with the court to obtain a legally binding decree of divorce.
Trying to go the DIY (do it yourself) divorce route without consulting skilled divorce attorneys (not just any attorney) in the process would be taking unnecessary risks.
Utah Family Law
What risks?
Overlooking assets to which you may have a legal claim
- You may be entitled to a portion of your spouse’s retirement accounts, investments, or future benefits like pensions.
- Hidden assets could go undiscovered.
Unfairly dividing property
- Without establishing the value of assets, one party may receive significantly more or less than is fair.
- Complex assets like businesses, stock options, or real estate may be improperly valued.
- Tax consequences of property transfers might not considered and accounted for.
Inadequate support provisions
- Child support calculations might not follow state guidelines or account for a child’s special needs.
- Spousal support (alimony) might be unfairly calculated or structured.
- Future changes in circumstances (such as retirement, remarriage, or cohabitation) might not be addressed.
Child custody and parenting issues
- Parental rights may be needlessly violated, infringed, or “bargained away”.
- Parenting plans might lack necessary detail, leading to future conflicts.
- Custody arrangements might not fully address children’s needs and best interests.
- Provisions for decision-making authority may be unclear or unfair.
Enforceability problems
- Improperly drafted agreements may be unenforceable or ambiguous.
- Required legal language or provisions might be missing.
- Courts can reject settlements that appear grossly unfair.
Long-term consequences
- Some divorce-related decisions are permanent and are difficult to impossible to modify later.
- Retirement and estate planning implications might be overlooked.
- Financial security could be compromised by hasty or short-sighted agreements.
Procedural errors
- Filing deadlines might be missed.
- Required documents might be improperly prepared or simply not prepared.
Court procedures might not be properly followed.
So, having attorneys review and help you to revise your draft of your divorce settlement agreement is a wise approach. Here is the best way to do it:
Each spouse should consult with a different attorney to review the draft
- Independent legal counsel avoids potential conflicts of interest that would occur with a single attorney advising both spouses.
- Look for attorneys who specialize in family law. Not every attorney knows family law and how it works.
Consider a limited-scope representation
- If budget is a concern, many attorneys offer “unbundled” services.
- You pay only for the agreement review rather than full representation.
- This is more affordable while still providing crucial legal protection.
Share the draft agreement with both attorneys
- Provide the complete draft to the attorney you consult, along with:
- financial documents (pay stubs, tax returns, financial and other asset statements, debt information)
- a list of property to be divided
- a list of property in dispute (if any)
- Be honest, transparent, and forthcoming about your concerns and your objectives.
- Ask specifically about potential blind spots or issues you do not understand and that you might have overlooked.
Request a comprehensive review
- Ask the attorney you consult to evaluate whether the agreement:
- complies with Utah court rules and Utah state law
- addresses all necessary topics (property, debt, support, children, taxes)
- contains clear, enforceable language
- protects your interests
Meet to discuss recommended changes
- After each of you have reviewed the proposed settlement agreement with a different attorney, each attorney will likely suggest revisions.
- You and your spouse can discuss these changes and decide what to incorporate.
- Focus on understanding the reasoning behind suggested changes.
Create the final agreement
- Incorporate agreed-upon changes from both attorneys’ reviews into a final draft.
- Have each different attorney review the final version before you and your spouse sign the final draft.
Prepare all of the other required documents you need to file with the court
- You cannot simply file a settlement agreement with the court to obtain a decree of divorce.
- There are several other documents you will need to prepare and file with the court.
- By consulting with an attorney, you can know what documents you need to prepare and how to file them with the court.
While DIY divorce can save money upfront, the long-term financial consequences of mistakes can far outweigh the initial savings. Even if you choose to handle most of the divorce process yourselves, having attorneys review your draft agreement before signing is a prudent step that can help protect both parties’ interests. This approach provides the benefits of DIY cost-effectiveness, getting basic legal advice, and professional guidance to avoid time-consuming errors and costly mistakes.
What if you need more help to work out a settlement agreement?
Here are your best alternatives:
Mediation
- Working with a neutral third-party mediator who helps you keep the negotiations going and on track as you try to resolve the difficult issues and reach agreement
- Typically much less expensive and much faster than litigation
- Can be less adversarial and better for maintaining a working relationship, especially if you have children
Divorce Arbitration
- Essentially hiring a “private judge” (the arbitrator) to make binding decisions
- Like litigating in court, but less formal and more private than court, while still typically faster and less expensive than going through the courts.
The best option depends on your specific situation, including the complexity of your assets, whether you have children, and your ability to communicate effectively with each other.
Would you like to consult with a Utah Family Law, LC attorney to discuss which alternative dispute resolution method might work best for your circumstances?
