Uncontested Divorce
We are here to help you through this journey
One of the most common sources of misunderstanding for divorcing spouses in Utah is an uncontested divorce. Many spouses might have heard this phrase when conducting online research or speaking with family members, but few are totally confident about what it means. The truth is that uncontested divorce is a positive goal for almost all spouses across Utah, as it provides several important benefits. Developing a greater understanding of these benefits allows you to move forward with greater confidence.
The best way to learn about uncontested divorce in Utah is to speak with one of our experienced Law Elevated Attorney’s. To learn more about an uncontested divorce and its many benefits, call Law Elevated at 435-800-2963 and schedule a consultation at one of our three locations in Park City, Ogden and Salt Lake City.
What is Uncontested Divorce?
If spouses agree on how they wish to end their marriages, they may pursue an uncontested divorce. This type of divorce is “uncontested” because none of the important issues are disputed or “contested.”
These issues may include:
Mediation offers a contrasting, less dramatic alternative that is seldom seen in movies or TV shows. This process occurs in a private setting with both parties and a neutral mediator present. Unlike litigation, mediation focuses on fostering constructive dialogue and reaching mutual agreements. The mediator acts as a facilitator, guiding discussions towards a fair resolution without the formality and stress of a courtroom. Most of our cases settle in mediation, yours should be no different!
It may be difficult to agree on virtually every aspect of a divorce, but the benefits can be tremendous.
Uncontested divorces offer spouses many advantages, including:
Some have also suggested that uncontested divorce may be easier on any children in the marriage due to its cooperative, less stressful nature. Additionally, an uncontested divorce allows the parties to maintain a level of respect and decency toward one another moving forward.
Pursue an Uncontested Divorce With Help From Uncontested Divorce Lawyers in Park City, Ogden and Salt Lake City
If you want to pursue an uncontested divorce in Park City, Ogden or Salt Lake City, you need to ensure that you and your spouse agree on virtually every aspect of your divorce. The details can be quite minute, and even the smallest disagreements may prevent you from pursuing an uncontested divorce.
For example, within the wider category of property division, there may be specific areas of potential dispute, including:
If even one of these subcategories leads to a dispute, spouses may need to turn to alternative methods to resolve their differences.
Why Work With Uncontested Divorce Attorneys in Salt Lake City, Ogden and Park City?
Working with uncontested divorce lawyers allows you to resolve disputes without going to court. This lets you benefit from the advantages of uncontested divorce even if you and your spouse reach an impasse. For example, you might agree on virtually every aspect of your divorce except the division of your family home. If this is the case, you can team up with divorce lawyers in Salt Lake City, Ogden and Park City who have experience with uncontested divorces. These legal professionals can facilitate productive negotiations and discussions, allowing spouses to resolve their differences without going to court.
Spouses may use a range of tactics to ensure cooperation, compromise, and greater understanding. For example, one of the most effective negotiation tactics involves rephrasing demands as “needs.” A spouse might demand that they stay in the family home with the children – but this stubborn approach is hardly productive. In contrast, family law attorneys may help this spouse state their need to live in a reliable home for the foreseeable future. The latter approach is far more flexible and allows plenty of opportunities for compromise and mutual understanding.
Even if you and your spouse agree on pretty much everything related to your divorce, you still benefit from working alongside divorce attorneys in Salt Lake City, Ogden and Park CIty. This agreement is going to control the most important thing in your life your, children and the assets you have spent years cultivating. These lawyers can help you draft a separation agreement. This legal document must be accurate enough for approval in the family courts. If a judge spots a minor mistake, it might be denied. Divorce lawyers in Salt Lake City, Ogden, and Park City can ensure seamless, expedited processes by drafting detailed, accurate separation agreements on your behalf.
What if Negotiations Fail During Uncontested Divorces?
If negotiations with your spouse fail during your uncontested divorce, you will have no choice but to pursue a contested divorce instead. In this divorce, you may find yourself in litigation. If your divorce ends up going to trial, a judge will assess your unique situation and make decisions on your behalf. For example, a judge may decide that both spouses should sell their family home and split the proceeds. They might also decide that a certain family member should take the dog while the other family member takes the cat. The main thing to remember about this process is that you are no longer in control. While your attorney can fight for your best interests during the trial, the decision-making authority is solely in the hands of the family court. If a divorce can be resolved through an uncontested stipulation agreement reached between the parties, control remains in the hand of the parties, not a third party stranger. Additionally, litigation brings out the worst in people. If you want to maintain a level of respect and decency toward one another, an uncontested divorce is the best option, or at least the best place to start.
What if My Spouse Does Not Want an Uncontested Divorce?
If your spouse refuses to come to the negotiation table, you will have no choice but to pursue a contested divorce. This “litigated divorce” may involve motions argued in a courtroom and possibly even trial. Most spouses understand that an uncontested divorce is in everyone’s best interests. After all, divorce can be expensive, and resolving your differences behind closed doors helps reduce legal fees. However, some spouses are intent on playing the “blame game” during a divorce, and they might actually prefer the combative, accusatory nature of a trial. Some spouses may also be too bitter and angry to negotiate in good faith. Sometimes, both spouses must simply accept that an uncontested divorce is impossible. That being said, it is usually worth trying to negotiate due to the potential cost savings and faster completion times.
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Where Can I Find a Qualified Uncontested Divorce Attorney in Utah?
If you have been searching for a family law attorney in Salt Lake City, Park City and Ogden look no further than Law Elevated. We understand you are going through a huge change in life and we are here to help you through that change. We are here to make tomorrow better and make you stronger! If you are wondering whether uncontested divorce is the right choice for you, the only way to know for sure is to book a consultation with us today by calling (435) 800-2963 and meeting with us at one of our three locations in Park City, Ogden, and Salt Lake City.