(801) 254-9450 There are few things in life that are more emotionally and financially challenging than the dissolution of a marriage. Years of frustration can often reach a tipping point, leading to heightened conflict and tension. While facing the prospect of divorce can be upsetting, it is worth noting that the right legal team can help reduce the stress and worry that comes with this process.
Carr | Woodall, your trusted South Jordan law firm, is here to provide unwavering support and legal expertise when facing the challenges of a contested divorce. We understand that the decision to pursue a contested divorce is never taken lightly and often arises from complex, emotionally charged situations.
In such cases, having an experienced South Jordan contested divorce lawyer on your side is essential to protect your rights and navigate the legal complexities that lie ahead. Call today to schedule a consult with an experienced divorce attorney.
A contested divorce, as opposed to an uncontested one, is a legal process in which the divorcing parties cannot agree on one or more critical issues, such as child custody, property division, spousal support, or any other significant matter. In a contested divorce, both parties cannot reach a mutual settlement, so they must turn to the court for resolution. This can be a stressful and emotionally draining process, so the guidance of a South Jordan contested divorce attorney is invaluable.
It is worth noting that a single disputed issue is enough to lead to contested proceedings. Even if the parties agree on everything except alimony, the courts will need to decide the matter. Limiting litigation to areas where the parties disagree is often possible.
Utah has specific requirements and procedures that must be followed in contested divorce cases. It is essential to understand these requirements to navigate the process effectively:
To file for a contested divorce in Utah, at least one party must be a state resident for at least three months.
The process begins with one party filing a Petition for Divorce with the court. The other party must be served with the petition and be able to respond.
An automatic injunction goes into effect upon filing for divorce, preventing both parties from disposing of property or making financial changes without court permission.
In contested cases, temporary orders may be necessary to address issues such as child custody, visitation, and financial support during the divorce process.
Both parties may engage in discovery, which allows each side to gather evidence and financial information related to the case. Discovery is the most substantial part of a fair and equitable divorce. It requires understanding and meeting the Utah procedural deadlines, which are pertinent to litigating your contested divorce.
Mediation is a form of alternative dispute resolution that is required by the Utah Courts to first negotiate contested issues before turning to litigation.
If no settlement is reached through mediation or negotiation, the case proceeds to trial, where a judge decides on the unresolved issues.
Most divorces are contested because of how the rights of each party are impacted after the marriage ends. That said, pursuing a contested divorce in South Jordan often involves establishing the grounds for the dissolution of the marriage.
Like many states, Utah has adopted a no-fault approach to divorce that allows the parties to end the marriage without having to point fingers regarding who was at fault. Instead, they only need to show that irreconcilable differences between the spouses prevent any chance of reconciliation.
There are also fault-based grounds that the filing spouse can rely on. These include blaming the other person for the breakdown of the marriage due to things like felony convictions, drug abuse, infidelity, or abandonment. In some cases, these issues can become contentious during the divorce process.
When the parties in a divorce case cannot reach an agreement on the critical issues, a trial may become unavoidable. However, resolving a contested divorce can take months or even years before the case goes to trial.
The length of a contested divorce can vary depending on several factors, such as custody, assets, contentious parties, and meeting statutory deadlines for discovery, among other things.
When it comes to contested divorce, the discovery phase is usually the longest part of the process. During this step, both parties will provide each other with copies of the evidence they intend to use at trial. This is vital for ensuring each side has disclosed all the relevant details of the marriage and the property shared by the spouses.
If you are facing the end of your marriage and important issues like child custody or alimony have been left unresolved, you need legal counsel who can advocate on your behalf. Getting a fair outcome in these cases is possible, especially with a strong legal team behind you.
The right attorney can evaluate your situation, advise you on your rights, and help you understand what to expect from the court system. Get in touch with our law office today to speak with a South Jordan contested divorce lawyer.