(801) 254-9450 Considering a divorce is never easy, but navigating the legal process can be streamlined with the right guidance. Carr | Woodall provides comprehensive legal support for uncontested divorces in South Jordan, Utah.
Our South Jordan uncontested divorce lawyers aim to guide our clients through this transition as efficiently and effectively as possible. Call today to speak with an experienced divorce attorney.
An uncontested divorce occurs when both parties agree to end their marriage and resolve all related matters without court intervention. This type of divorce tends to be quicker and is more cost-effective than contested divorces.
At Carr | Woodall, we recognize the importance of maintaining an amicable relationship, mainly when children are involved. Our experienced attorneys facilitate open communication and negotiation to reach fair agreements on issues such as child custody, visitation, spousal support, and asset division.
While agreeing on the primary issues with a former spouse is an important part of the process, uncontested divorces still have the same requirements as any other case. In order for two people to dissolve their union under Utah law, they must meet certain qualifications, including the following:
Residency: At least one spouse must have lived in Utah for six months before filing for divorce.
Agreement on Key Issues: Both parties must agree on major aspects of the divorce, including child custody, support, and asset division.
No Contest: Neither spouse can contest the divorce or its terms.
Additionally, there are requirements on where in the state a person must file the petition for divorce. This is usually done in a Utah District Court in the county where one of the spouses currently lives.
Our team at Carr | Woodall is well-versed in Utah’s divorce laws and requirements. We guide clients through the process, ensuring all necessary documents are prepared and filed correctly.
In Utah, an uncontested divorce offers a streamlined and amicable approach for couples seeking to dissolve their marriage without prolonged legal battles. Here’s an overview of the uncontested divorce process in Utah:
The spouses must agree on all aspects of the divorce, including asset division, debt division, child custody, visitation schedules, and child support (if applicable).
One spouse, the petitioner, files a petition for divorce with the appropriate Utah district court. The petition outlines the agreed-upon terms and grounds for divorce, usually citing irreconcilable differences.
The petitioner serves the other spouse, the respondent, with a copy of the divorce petition and summons. The respondent has a specific timeframe for responding.
Utah law imposes a mandatory waiting period of 30 days after the respondent is served before the divorce can be finalized.
During the waiting period, both spouses may negotiate any remaining issues or modifications to the initial agreement. If needed, they may seek mediation to resolve disputes with the assistance of a neutral third party.
Once the waiting period expires and any outstanding issues are resolved, the spouses submit a final stipulation and settlement agreement to the court for approval. If the court finds the agreement fair and equitable, it issues a divorce decree, officially terminating the marriage.
The decree of divorce issued completes the divorce process, and the spouses can move forward with their lives separately. Unlike a contested divorce, an uncontested divorce saves time, money, and emotional stress.
Spouses are required to go through at least one mediation session by the courts before a divorce trial can be set. While this process is often used in contested cases, it is worth noting that some spouses opt to voluntarily use mediation prior to filing for divorce in the hopes that it can lead to an agreement on all major issues.
Mediation is a form of alternative dispute resolution. Unlike a trial, where a judge hears evidence and rules on the disputed issues, mediation is a negotiation process. It takes place not only between the parties but also in the presence of a neutral third party known as the mediator. Often, this person is an attorney or retired judge. The mediator works with both sides to try to reach a consensus. Mediation can be valuable for resolving final sticking points in an uncontested divorce.
Uncontested divorce is by far the most straightforward and cost-effective way to legally end a marriage, but the process is not always simple. Certain mistakes can upend proceedings, eventually leading the sides to litigate matters previously thought settled. One of the benefits of hiring a South Jordan uncontested divorce attorney is working through these issues ahead of time.
One of the biggest pitfalls is allowing emotion to cloud a person’s judgement. It is not uncommon for negotiations to fall apart due to hurt feelings or grievances, even in the face of a deal that is fair for both parties.
The lack of full disclosure can also be a serious issue. After all, two people can only come to an honest agreement if all the cards are on the table. If spouses are hiding debts or assets, and they are later discovered, it will be difficult to conclude the divorce amicably.
While an uncontested divorce takes far less time than contested proceedings, it is crucial to avoid the urge to rush through the paperwork and sign whatever is initially offered. Most aspects of this agreement cannot be undone, so it is vital to carefully consider every issue during negotiations. A lawyer could review the terms and advocate for a reasonable resolution throughout this process.
Despite the reputation for being contentious, it is often possible to complete the divorce process without drawn-out, costly litigation. When you are on the same page as your former spouse, there is an opportunity to resolve things outside of court and move on quickly to the next phase of your life.
Your choice of attorney can have a tremendous impact on your ability to work out a settlement amicably with your soon-to-be former spouse. Carr | Woodall is here to help you get the best possible outcome from your divorce. Our legal team can help with your case. Schedule an initial consultation with a South Jordan uncontested divorce lawyer today.