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.

Call Call Carr | Woodall today at (801) 988-9400 or contact us online to get started with a consultation.

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.

Trial

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.

Modifications

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

Discuss your case with our divorce law firm today. Call (801) 988-9400 or contact us online to speak with a divorce lawyer near you.