Compassionate Representation. Results-Driven Strategies.
Divorce can be an extremely traumatic experience. A divorce can drain you both financially and emotionally; the longer it’s drawn out, the more painful it can be.
The decisions you make at this time can be driven by emotions. At the same time, these agreements and decisions can have lasting effects and cannot be taken lightly. It’s important to have someone in your corner who has experience with the divorce process and family law. This is not the time for a do-it-yourself approach or to engage the services of an inexperienced divorce attorney.
We strongly advise you to secure an experienced South Jordan divorce lawyer who can protect your rights and ensure that you make informed decisions. The team at Carr | Woodall can get you through the process quickly and with as little harm as possible so you can pick up the pieces and begin the healing process.
When Should You Hire A Divorce Attorney In Utah?
Make sure both parties are comfortable with the divorce proceedings before putting anything on paper and filing to court. There is a chance that proper paperwork is incorrect, and you would be forced to hire an attorney anyway. It is always best practice to consult an attorney even if you choose to file for the divorce yourself.
Handling Contested & Uncontested Divorces
We have over 60 years of combined experience practicing divorce and family law. As unique as your case may be, chances are, we’ve dealt with that issue.
There are two general types of divorces: Contested and uncontested.
An uncontested divorce is one in which the spouses can agree on all issues before meeting with an attorney. Your attorney prepares the paperwork and you will not need to attend court. At Carr | Woodall, we charge fees starting at $1000 plus filing fees for uncontested divorces. Additionally, if you have minor children, you will need to attend a divorce education class which lasts about three hours and costs $65.
A contested divorce is one in which the parties cannot agree on the issues initially. Our divorce attorneys in South Jordan are experienced in even the most complex divorce issues including the division of family businesses, family trusts, irrevocable trusts, international custody disputes, and more.
There are many issues unique to military service members. If you are in the military, do not make the mistake of hiring an attorney who is inexperienced in the unique aspects of a military divorce. Mr. Woodall is a retired National Guard Colonel who has significant experience dealing with military divorces.
The Opinions That Matter Most
"Spencer has been so helpful to put a child support modification to rest that's been dragged out way too long. He's knowledgeable and helps you know what your rights are."Kristen V.
Camille helped me through the entire process and got me a fair resolution.Kelsee C.
After being screwed over by another attorney, James picked up his sloppy mess and turned it around in a matter of a few months.Heather H.
South Jordan Divorce Lawyers That Take the Time to Strategize
Too many lawyers are reactive rather than proactive. They lack a strategy and pleadings are often prepared and filed without any significant purpose. Developing a strategy is a key ingredient to success. While the divorce progresses, the strategy may evolve or change. Before filing for divorce, we meet with each client to develop a strategy for the case.
This strategy serves as our guide and often allows us to work efficiently. Our goal is to find simple solutions to complex problems while causing as little stress as possible to our clients.
Filing for Divorce
Moving out doesn’t mean you are legally separated. It also doesn’t mean that you have abandoned your property. You are married until a court enters a Decree of Divorce. A divorce is initiated by filing a Complaint in District Court. The person filing is the Petitioner. The Complaint will be served with a Summons on the Respondent. The Respondent has 21 days to file an answer.
In cases where a conflict is anticipated, the filing party may also file a motion for temporary orders to address custody, property, and financial issues. If domestic violence has been committed, attempted, or threatened, protective orders may be entered immediately.
Utah Divorce Waiting Period
The waiting period for divorce in Utah is 30 days. The clock starts ticking once the original petition is filed. From that date, a divorce decree can be entered no earlier than 30 days later. Not all states have waiting periods for divorce. This period can be waived if there are extraordinary circumstances. Thus, it is possible to get divorced in Utah in less than 30 days.
The purpose of the waiting period is to prevent couples from making rash decisions. Although a divorce usually comes after months, or even years of struggle, it is often demanded by one spouse after there has been a heated disagreement. This waiting period lets the couple have time to decide if divorce really is the best option. It is not uncommon for a couple to recognize the changes that will occur after the divorce and decide they can work things out.
Another reason for the divorce waiting period is to protect children in the family unit. Divorce can have serious consequences on children. Although there are ways to minimize the burden placed on children with divorced parents, ideally those children would have both parents in the home. Because the Utah legislature recognizes the importance of families, it has set out these waiting periods in order to encourage parents to seek counseling or other alternatives to filing for divorce.
Discovery & Mediation
After the initial filing, the parties are required to exchange relevant documents and information. If the parties are unable to resolve their differences, they will need to meet with a mediator. A mediator is a neutral party who will attempt to help the parties settle their case. Most cases end up settling at or shortly after mediation.
Matters that cannot be settled go before a judge in a costly and time-consuming process. At Carr | Woodall, we make every effort to settle your action favorably before going to trial. However, we will always advise clients of what we believe the outcome will be at trial so that they can make a decision and balance the pros and cons of going to trial.
Although we like to avoid trial for the benefit of our clients, we excel in litigation and can fight hard to secure the right outcome.
Even after a final decree of divorce is entered, the Court retains continuing jurisdiction to modify child custody, support, and alimony if circumstances change.
If there has been a substantial change in your circumstances since the Decree of Divorce, you must file a petition to modify as quickly as possible to avoid accruing significant support debts.
More About Divorce Mediation in Utah
In Utah, all domestic civil actions require mediation before going to trial. A Divorce trial typically requires 1-2 days. With well over 10,000 divorces filed every year. The Court system would be very congested if every single case went to trial.
To resolve this problem, the Utah Legislature requires that all parties attend mediation. Mediation provides parties with the opportunity to resolve their case relatively quickly.
A mediator acts as a bridge of communication between the parties. Some things to expect with mediation:
- Typically, mediation starts with both parties in separate rooms
- The mediator will discuss his or her role and explain that mediation is a confidential process
- The parties will tell the mediator what he or she wants to accomplish
- Some mediators in Utah like to get a background of the parties first
- Your attorney will be asked to prepare a summary of the issues for the mediator
- Depending on the number and complexity of the issues, mediation may last anywhere from 1-8 hours or more
- Most mediators charge between $150.00 and $250.00. Some mediators have expertise in a particular field and will charge much more.
Contact a Divorce Lawyer in South Jordan, UT
Family Law Is What We Do Best
Divorce is one of the most stressful transitions couples and families can experience. Having a knowledgeable, experienced advocate on your side can minimize conflict, streamline the process, and help you resolve complex issues.
We Are Accessible 24/7
We are committed to being open & accessible to all our clients. Our willingness to be available and field your questions sets us apart from the competition and will directly contribute to your peace of mind throughout your legal matter.
You Are Our Number One Focus
For us, it’s not about the bottom line. It’s about you. When you come to Carr Woodall for help in your family legal matter, you can move forward with confidence knowing that we are defending your best interests.