Difference Between Contested and Uncontested Divorce
If you and your spouse can agree on all of the issues in your divorce, you can obtain an uncontested divorce in Utah. An uncontested divorce is less expensive, less stressful and less time consuming than a contested divorce. However, if you and your spouse disagree on any issue — whether it is marital property division, child custody, visitation, child support or alimony — your divorce will be considered "contested."
At Stavros Law, P.C., in Salt Lake City, our goal is to resolve your divorce as amicably as possible, while ensuring that your interests are protected. For a free consultation, please call our Salt Lake City law office at 801-428-0719 today.
How Does an Uncontested Divorce Work in Utah?
In an uncontested divorce, you and your spouse should still be represented by an attorney to ensure that you receive everything you are entitled to under Utah law. One of you (called the petitioner) will need to initiate and serve the other with the petition for divorce. The respondent then has 20 days to respond to the petition (or 30 days if the petition was served outside of Utah).
If the respondent agrees to the petition and the terms of the divorce, then the parties can proceed to prepare the appropriate legal documents. The court will still review and could change the documents before granting the divorce decree. If the couple has minor children, the parents must attend a divorce orientation class and a divorce education class.
Utah law requires that there be at least 90 days between the date the divorce petition is filed and the date the decree is signed.
How Does a Contested Divorce Work in Utah?
If the respondent does not agree with any of the issues in the divorce petition, he or she can file an answer. In this event, your divorce would be considered contested. All contested divorces in Utah require the couple to attend at least one mediation session before the case can move forward.
If you and your spouse can reach an agreement on all but a few issues, then you would need to litigate only those issues. The vast majority of contested divorces are resolved before they reach a trial.
Contact a Divorce Lawyer in Salt Lake City
Our contested and uncontested divorce attorneys are easy to talk to and will listen carefully to you. To schedule a free consultation concerning legal separation, please call 801-428-0719 or contact us online.
Written by the Office of Stavros Law, P.C.