In Utah, there are two types of divorce; contested and uncontested. Both may be settled outside of court, and both may require the Court’s intervention.
This method is best for those not able or willing to come to some kind of amicable agreement over things like child custody, alimony, and property. It is also used when a petitioner wants a divorce because of some fault their spouse has, or when only one party wants to pursue a divorce. Contested divorces more often go to trial and both parties will be compelled to make a case in front of a judge in that case. Even “no-fault” divorces may end up being contested if the parties cannot come to agreement on the terms of the divorce.
There are some advantages to a contested divorce over an uncontested divorce. For example, if all of the terms of a divorce petition are backed and supported by fact and by applicable law, a party may do better asking a judge to rule than trying to compromise against unreasonable demands. A party who believes their spouse has undisclosed assets or is hiding drug, alcohol, or abuse issues can invoke the process of formal discovery. A trial with rules of evidence—admissible, relevant, credible facts—established–may be the best policy in the long run.
Negotiations usually occur outside of court in an uncontested divorce. This is often the best option when the divorce is mutual and both sides are able to amicably agree on all important matters such as child custody, parent time, alimony, debt, child support, property division, and other issues. The only time they usually require a court’s attention is for a final approval from the judge.
This approach is usually much faster because there are few, if any, recurring court appearances and usually no lengthy process of legal discovery or preparation for trial. Most uncontested divorces can be completed within the 90 day waiting period from the date the petition for divorce is filed. It can also be much cheaper for both parties than a contested divorce—but beware! Don’t just agree to any old terms with the hope it will all “work out.” It usually doesn’t. Don’t agree to vague terms such as “parent time as the parties agree”.
Mediation can be less emotionally and physically taxing as well, since it is done outside of court in an positive environment, and both parties may come to amicable agreement over important issues. It is often easier on couples with children as well. One of the biggest advantages of an uncontested or mediated divorce is that it puts you in control of your divorce, rather than being subject to the rulings of a judge. It will be better in the long run, as you will be less likely to file a petition for modification later on. Mediation is required in all contested cases. It may be used if a case is only contested in one area, for example.
If you have any questions regarding contested and uncontested divorce, or any other questions about family law in general, don’t hesitate to call the Huntsman Firm at (435) 628-2846.