In the Beginning, a divorce looks messy to many couples. It’s something people want to avoid if at all possible. Custody battles and property disputes add up to a picture that nobody wants to fall into. As a result, many couples set out in search of the much more desirable uncontested divorce as a means to an end. You don’t need a judge, they say, heck, you don’t even need attorneys. In Utah, you can fill out forms at the Online Court Assistance Program website to file.
Two People with History
In truth, two people in a marriage have some history, but despite the differences that have driven two people apart, they’re not so extreme that every case becomes contested.
If your marriage dissolution is amicable, it means that you can agree without a judge intervening in the marriage the two of you have lived over the years. Marriages collect items.
These items take the form of debts and credit, personal property, homes, child custody, in fact, all the things that make up your marriage. Put it all in a bucket and call it the marriage bucket. It has to be split at the end. It should be emphasized that what you definitely don’t need in an uncontested divorce is a judge. Still, in Utah, you will have to take some steps. Hence, you should contact an attorney.
When it’s an Uncontested Divorce
While the biggest drawback is that it will become contested, a possibility far more dangerous looms in the background. You might seem amicable enough at the start, but it could go bad once a single accusation flies. That’s all it takes. In this situation, it simply goes from uncontested to contested, and that’s a bummer, but it’s not dangerous. The more dangerous drawback is a willfulness on the part of one party to suggest that the laws of the state are getting in the way of your progress.
If one spouse is the provider and wants to argue that all the retirement accounts, pensions, or spousal supports ought to be divided in their favor because they brought the bread home, the other spouse might see that as a truth and sign all their rights away. In addition, some marriages included a business that started and grew during the marriage. An attorney would never have let a spouse sign everything away.
Be Adequately Protected
The sad truth is that the promise of a quick split and a painless process is a screen to cover one spouse’s property and custody grab. If that becomes the case, you definitely need to contact an attorney, and the sooner the better. It might actually be best if you get an attorney from the start, just to keep an eye on the proceedings and to ensure your rights are adequately protected. Embrace the spirit of it but respect the letter of the law enough to retain an attorney. While the courts in Utah may promise fairness, nobody guarantees it.
Laws are created to protect people. If something doesn’t sound right when one partner appears to want to ignore or circumvent a fair settlement, you should consult with an attorney. Let’s face it, nobody’s trying to drive you two apart. That’s already been accomplished. So, it’s really about getting out in one piece.
Let’s define It: An uncontested divorce is where the couple has resolved all major issues, including child custody. visitation or parenting time. Child support is determined by the courts. Personal property is divided per the couple’s wishes. If you disagree with your spouse on any one point, it has stopped being an uncontested. One or two points of dispute thankfully do not throw out the spirit of it. In Utah, you can seek mediation on a single issue or two and keep the “contested” part of the it minimized.
The Slam Dunk?
There are circumstances when it’s a slam dunk. Sometimes, marriage is not substantive enough to contest anything. The marriage was short, the amount of property was minimal and there are no children. The marriage was short and sweet, and you actually don’t need a lawyer.
In contrast to the short marriage, a seven-year marriage involves home ownership, significant finances and three kids. In the end, a marriage attorney can help you navigate the process.
To emphasize, you both should have attorneys. Whatever drawbacks result from the agreement that you have reached with a spouse can be exposed for its shortcomings by a good divorce attorney.
More info on Complex and Contested Divorces>>