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Out Of Court Divorce. When we decide to marry the person we believe is the love of our life, we never expect to some day divorce. However, any number of unexpected events can potentially lead to a future divorce. If unfortunate events lead us to consider divorcing, worry ensues. Including the potentially stressful and lengthy court process that conventional divorces usually involve. Fortunately, in some situations it is possible to divorce without the courts. This can be beneficial in many ways. Here is an overview:
One benefit of divorcing without the courts is that the entire process will be significantly lower in cost. Secondly, there is more control over decisions. As well as the tendency for the divorce to become finalized much more quickly than in traditional divorce processes. Preservation of relationships and avoidance of additional anxiety are additional benefits that couples can possibly take advantage of by divorcing without the courts.
If uncontested, the state of Utah does not require that couples attend a court hearing in order to finalize a divorce. Of course dependent upon all of the required paperwork being properly filed in a timely manner. It also depends on whether or not the judge feels that the agreement is reasonable, and is also in the best interest of any children that may have been born into the marriage. If the judge agrees, then the signed divorce decree makes the divorce final immediately.
If a divorcing couple is unable to reach an agreement regarding any aspect of their marriage, then Utah law requires that couples seek the assistance of a mediator. A mediator assists couples with reaching mutually acceptable agreements, completion a must before going to trial. This requirement waived, however, for good cause such as having had domestic violence in the relationship.
Before an out of court divorce, a judge will need to have filed documents stating that husband and wife both agree to the following:
Once documents filed, then the judge will sign the divorce decree in most cases.
Before filing for an uncontested divorce, married couples should weigh the advantages and disadvantages of doing so. While the process is relatively more straight-forward when compared to more complex or contested divorces, it is still advisable to hire a lawyer for consultation. This is especially true if the other spouse is represented by an attorney. A divorce lawyer can assist with preparing the necessary paperwork, and can provide legal representation in the event that unforeseen circumstances arise.
Call us, or fill out our form today for a free 30-minute consultation and learn more about getting a divorce out of court.