Contested divorce is a common way in which spouses go their separate ways in Utah. While many divorcing spouses can find common ground and resolve several of the issues through mutual agreement, that is not always possible–often for understandable reasons.
A contested divorce means that you and your spouse are separating, and you cannot agree on every single issue. That includes, but is not limited to the division of bank accounts, retirement benefits, brokerage accounts, and real estate properties, as well as spousal support, child support, parent time schedules, children’s expenses, and even which spouse gets to keep the family pet.
A contested divorce can be emotionally and financially draining. There are a lot of important decisions to make, and there are only a few tools outside of court to help you make them. Fortunately, you do not have to go it alone. A Salt Lake City contested divorce lawyer can help you understand your rights and options and take action to dissolve your marriage on optimal terms.
Common Reasons for Contested Divorce in Utah
A contested divorce occurs when spouses cannot agree on one or more major issues involved in ending their marriage.
The reasons for disagreement can run a wide gamut, from resentment among the spouses over financial circumstances to concerns for children stemming from one parent’s history of abuse or general unfitness.
Here are some of the most common points of disagreement in Utah divorce cases.
- Child custody and parenting time: When parents divorce, it inevitably raises questions about where the kids will live, how they will be cared for, and who will make important decisions about education and healthcare. If the parents have not agreed on custody, the court will decide based on the child’s best interest. There is a presumption in Utah that joint legal custody is in a child’s best interest, but that presumption does not apply to physical custody. Specifics about schedules, decision-making and other parenting duties are typically spelled out in a detailed parenting plan.
- Alimony: Also known as spousal support, alimony is paid by one divorcing spouse to another to help the person receiving support maintain a standard of living similar to that during the marriage. A number of factors go into whether alimony is awarded, including the needs of the requesting spouse and the other spouse’s ability to pay.
- Division of property and debts: Utah law requires that assets be divided in a way that is equitable, but that does not mean they have to be split down the middle. Disputes often arise around homes and other real property, as well as retirement accounts and deferred compensation, not to mention debts racked up by one or both spouses.
When couples cannot reach a mutual agreement on these issues, the court must weigh in. A judge will make a final decision based on the evidence and arguments presented by each side.
Why Your Divorce May Be Contested
Contested divorces usually take more time and involve higher legal costs than cases that are not contested. That said, the contested route may be necessary to achieve a fair and just outcome when compromise simply is not possible.
There are several reasons why someone might choose to pursue a contested divorce in Utah.
- Protecting parental rights: If one parent believes the other is unfit or that the proposed custody arrangement is not in the child’s best interest, they may contest the divorce to ensure a fair custody ruling.
- Asset and debt disputes: In cases where there are significant assets, business interests, or disagreements over who is responsible for certain debts, a contested divorce allows each spouse to present their case and seek a more favorable division.
- Alimony concerns: One spouse may feel the proposed amount or duration of spousal support is unfair, prompting them to contest the divorce terms.
- Lack of communication or cooperation: Sometimes, one spouse may refuse to participate in the negotiation process.
What to Expect in the Contested Divorce Process
Whether a divorce is contested or uncontested, the legal process for dissolving a marriage starts when one spouse files a petition or ‘complaint’ with the court.
The petition asks the court to legally end the marriage and resolve all related issues. Utah allows for no-fault divorces, meaning you don’t need to prove that the other spouse did something wrong in order to be granted a divorce. Most people simply cite “irreconcilable differences,” indicating that the marriage has broken down and can’t be repaired.
Spouses going the uncontested route will stipulate to the terms on which they have agreed. A court generally will grant the stipulated petition so long as it meets the basic legal requirements.
In some contested cases, divorcing spouses may still be able to reach an agreement on some of the issues. A Salt Lake City contested divorce lawyer at our firm can help you try to resolve as many issues as possible before going to court on the rest. Resolving some of the issues outside of court allows divorcing spouses to make their own decisions, rather than leaving them to a judge, which will reduce the time and cost associated with the divorce process overall.
After a petition for divorce is filed, it must be formally served on the other spouse. This ensures that both parties are aware of the proceedings and have the opportunity to respond. The spouse who receives the divorce petition typically has 21 days to file an answer. The answer may dispute all or part of the original petition’s requests and usually initiates negotiation between both parties and their attorneys.
Key Stages in the Contested Divorce Process
Temporary Orders
Some issues—like where the children will live or who pays household bills—can’t wait until the divorce is finalized. Either party may request temporary orders to address these short-term concerns until a final agreement is reached.
Discovery
Both spouses must exchange important financial and personal information through a process called discovery. This often includes tax returns, pay stubs, and documentation of assets and debts. Full disclosure is essential for a fair outcome.
Mediation
Utah law requires all contested divorce cases to go through mediation with a trained, neutral mediator. Many couples are able to resolve some or all of their disputes at this stage, avoiding the need for trial.
Pre-Trial Conferences
If mediation doesn’t resolve everything, the court will schedule one or more pre-trial conferences. The judge uses these meetings to set deadlines, clarify issues, and prepare the case for trial.
Trial
Most divorce cases in Utah do not go to trial, but if necessary, a judge will hear arguments and review evidence on any of the unresolved issues. After the trial, the judge issues a final divorce decree.
Appeal
If one spouse believes the judge’s decision was incorrect or unfair, he or she has the right to appeal the ruling to a higher court.
Each spouse is typically responsible for paying his or her own court costs, attorney’s fees, and other related expenses in Utah divorce cases. Those costs can vary widely, depending on the complexity of the case. In some situations, a court may order one spouse to pick up the tab for some or all of the other spouse’s expenses if one of the spouses is simply unable to pay the costs and the other has the ability to do so.
Why You Need an Experienced Divorce Attorney in Your Corner
Although anyone getting divorced in Utah can do so without hiring an attorney, there are several reasons why it is important to seek legal counsel. The cost savings associated with going it alone are greatly outweighed by the increased risk of having a judge rule against you on issues that can have a huge impact on your finances and your relationship with your children.
An experienced divorce attorney can ensure that all of your legal rights are fully protected throughout the divorce process. A lawyer who has handled these kinds of matters knows how to present your case in the strongest possible fashion and understands how to efficiently achieve the best possible outcome under the circumstances.
A seasoned lawyer will also manage the legal process as the case progresses through the court system. That includes ensuring that the paperwork is accurate, meets the legal requirements, and is filed on time.
Jess Couser Family Law is different from most law firms because we understand the larger implications of decisions on the various issues that arise in divorce cases. We also know how stressful the process can be for you and your family. Our philosophy is to first try to reach a settlement agreement through various negotiation and dispute resolution strategies. If a mutual agreement cannot be reached, we have the courtroom experience to take the case to trial and have a judge issue a decision.
A contested divorce lawyer at our firm will guide you through the process to keep you aware of your rights and options at every step. The attorney will also strategize with you on how best to achieve your goals, including by understanding your spouse’s objectives and working, when possible, to reach a settlement.
Speak With a Salt Lake City Contested Divorce Lawyer
If you are considering a divorce or have questions about property distribution, alimony, child custody, child support, paternity, or related issues in Utah, Jess Couser Family Law can help.
We are located in downtown Salt Lake City, but we have appeared in nearly every court across the state. Call us at 385-217-7200 or contact us online to schedule an appointment with a Salt Lake City divorce lawyer.