South Jordan Divorce Lawyer

Divorce can be a detrimental experience for some individuals. 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 almost always have lasting effects and should not be made hastily.

It is important to have someone in your corner who has experience with the divorce process and family law. This is not the time for an online, do-it-yourself approach or to engage the services of an inexperienced divorce attorney. Our divorce attorneys in South Jordan are highly skilled and can help with the process. Call today to speak with a seasoned family attorney.

Choose a Trusted Divorce Lawyer

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.

Divorce Steps

Make sure both parties are comfortable with the divorce proceedings before putting anything on paper and filing. For several reasons, it is always best practice to consult a divorce attorney even if you choose to file for divorce yourself.

It is common for the following issues to arise when couples try to get a divorce without lawyers:

  • Your paperwork may be incorrect
  • Your divorce agreement may not accurately represent what you think it does
  • You and your soon-to-be ex may disagree on a crucial issue, like custody, and you may unknowingly give up your rights

In each of these cases, you may be forced to hire an attorney anyway. It’s better to save time and hire a Utah divorce attorney from the start.

Understanding Divorce Types: Contested vs. Uncontested

Our Utah divorce attorneys have over 60 years of combined experience. 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.

Uncontested Divorce

An uncontested divorce is one in which the spouses can agree on all issues before meeting with an attorney. Your attorney will prepare 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.

Contested Divorce

A contested divorce is one in which the parties cannot agree on the issues initially. Our divorce attorneys in South Jordan are experienced with litigating even the most complex divorce issues including the division of family businesses, family trusts, irrevocable trusts, international custody disputes, and more.

Special Considerations for Military Divorce

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.

Divorce can be a difficult time for families, especially when children are involved. Our South Jordan family law attorneys understand the importance of protecting the well-being of your children during this challenging time. We can provide legal guidance and support to ensure that their best interests are prioritized throughout the divorce process.

Our South Jordan services for protecting your children during divorce include:

  • Establishing child custody and visitation agreements
  • Negotiating child support payments
  • Creating parenting plans that promote stability and consistency
  • Advocating for your children’s rights and needs in court

At Carr | Woodall, we are committed to providing compassionate and trustworthy legal services to help families navigate the complexities of divorce while safeguarding the well-being of their children.

Call Carr | Woodall today or contact us online to get started with a consultation.

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 and as little cost as possible to our clients.

Filing for Divorce

Moving out does not 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.

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.

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 don’t settle will go before a judge, which can be 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. We understand that everyone’s case is different and that it can be helpful to litigate a case as if a trial were a certainty, even when a settlement is ultimately the goal. Making it clear that the client is ready for trial and understands the litigation process can help push the other side to accept a reasonable settlement. In fact, many agreements are often reached on the eve of the trial date. Our firm works tirelessly to get the best possible results during every phase of your case.

Preparing for Divorce: A Checklist

There are plenty of factors to consider long before you ever file a petition for divorce. It is crucial to go into this process prepared, and the following checklist can ensure you have done everything necessary to move towards the next stage of your life.

Gather Important Documentation

Before filing your petition, you should gather all the necessary documents in one place. This starts with financial records related to bank accounts, tax returns, and pay stubs. If you and your spouse own real property, securing copies of real estate deeds and vehicle titles is also a helpful first step.

In addition to paperwork related to the ownership of assets, you should also have records related to shared debts. This includes everything from credit card bills to home loan statements. Paperwork related to retirement accounts and investments are also necessary, as are any prenuptial agreements that may be in effect.

Talk to a Lawyer

Attempting to navigate the divorce process alone is a potentially costly mistake. When you rely on experienced legal counsel, you can trust them to help you with every phase of your divorce, from financial planning to litigating disputes. Let an attorney answer your questions and advise you on how best to proceed.

Consider Your Living Arrangements

Living arrangements can quickly become complicated after two people end their marriage. This is especially true if they share minor children. If the parties have not already separated, it is a good idea to consider options for where to live and what will happen with the family home. Discussing potential custody arrangements is also critical if you share children with your spouse.

Protect Your Emotional Well-Being

Most people’s primary concern during the divorce process is protecting their legal rights. This is true whether it relates to their property, assets, or children. However, there are other things you should also prioritize, including your emotional well-being.

There is no question that the end of a marriage can be tumultuous and emotionally challenging. You could benefit from seeking support from a counselor or engaging with online communities in an effort to resolve any emotional distress you are experiencing due to the breakdown of your relationship.

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, all domestic civil actions require mediation before going to trial. A Divorce trial typically takes 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.

The Utah Legislature requires all parties to attend mediation to resolve this problem. Mediation allows parties to resolve their cases 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 they want 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 an hour. Some mediators have expertise in a particular field and will charge much more.

Contact a Divorce Attorney in South Jordan

Discuss your case with our divorce law firm today. Call to speak with a South Jordan divorce lawyer near you.

Utah Divorce FAQ

What are the common issues that arise in divorce without lawyers?

Common issues that arise in divorce without lawyers include incorrect paperwork, inaccurate divorce agreements, and disagreements on crucial issues like custody, which may result in giving up rights.

Why is it important to consult a divorce attorney even if filing for divorce without lawyers?

It is important to consult a divorce attorney, even if filing for divorce without lawyers, to ensure that the paperwork is correct, that the divorce agreement accurately represents your wishes, and that you do not unknowingly give up rights in crucial issues like custody.

Does Utah Require Separation Before Divorce

Utah does not have a minimum period of time for someone to be separated before the divorce is granted.

Can My Spouse and I Use the Same Lawyer?

Each party needs to have an attorney throughout the divorce process. This will avoid conflicts of interest and ensure each side has someone advocating for them. While hiring an attorney separately is an expense, it is better to consider it an investment in getting fair treatment throughout the process.

Will I Have to Pay My Spouse’s Bills After a Divorce?

It is entirely possible that one spouse will find themselves paying down the other’s debt. When the court divides marital assets, it must also consider shared debts.