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An uncontested divorce is a good option for couples who are in complete agreement on all critical issues involved in the divorce. Because the divorce is “uncontested,” couples can skip lengthy litigation, including invasive discovery which can last for years. They can save money while lowering the temperature on the divorce.
However, Utah does have a mandatory waiting period which can frustrate any attempt at a same-day divorce. Please contact a Woods Cross family law attorney at Fontenot Law, P.C., if you have any questions or need assistance filing in court.
Who Should File an Uncontested Divorce?
A Utah divorce unwinds a couple’s marriage. This is a complicated process, especially when a couple has been married for several years or has children.
A couple will need to resolve the following before they can receive a divorce decree:
- Child custody. You must divide physical and legal custody of any children you share. You should also draft a detailed parenting plan.
- Child support. The state has created guidelines to standardize the child support calculation, but you can depart in certain situations.
- Division of marital property and debts. Generally, all property you acquired while married is considered marital property. It gets divided in divorce.
- Alimony. One spouse might request alimony after divorce for various reasons. Alimony often takes the form of monthly payments.
If you disagree on any of these issues, your divorce is contested. That means you will have to engage in litigation and have a judge ultimately decide the issue. For example, a couple might disagree on whether a wife should receive alimony. Even if they agree on the other issues, they cannot file for an uncontested divorce.
Reaching Agreement
There are many tools available for helping couples reach an agreement so they can file for an uncontested divorce. For example, you could participate in mediation to discuss any unresolved legal issues, such as child custody. The mediator can help each side see the dispute from a fresh perspective. The mediator might also recommend ways to resolve the dispute.
Many of the couples who seek an uncontested divorce are childless and married for a brief time. Nonetheless, we have seen couples with children successfully hammer out agreement on child custody, support, and other issues. Call Fontenot Law for help.
Mandatory Waiting Period in Utah
Even if you and your spouse reach agreement on all issues, Utah still requires a 30-day mandatory waiting period. (Utah Code § 81-4-402.) This waiting period begins from the day you file your divorce petition. You cannot receive a divorce decree until a month has passed, and you might even end up waiting longer.
Because of this waiting period, a same-day divorce is unrealistic for most. The state empowers judges to waive the waiting period, but you must show extraordinary circumstances.
Speak with an Experienced Divorce Lawyer in Our Office
Anyone considering divorce should call Fontenot Law to schedule a consultation. We can review your rights in divorce and discuss how a judge will likely resolve any outstanding issues. Contact us today to get started.
