How a No Court, Uncontested Divorce in Utah Can Save You Time and Money

Divorce is rarely an easy decision. But, for many choosing 

What Is an Uncontested Divorce?

a no court, uncontested divorce can be the smartest financial choice. As an experienced divorce lawyer, I am here to break down why opting for a no court, uncontested divorce in Utah could save you time, money, and emotional stress. If you are looking for low-cost divorce solutions in Utah, pay attention! 

An uncontested divorce may occur when both parties (and their lawyers, if represented by legal counsel) can agree on all major issues raised by the divorce—including property division, child custody, and child support--in a legal writing that is signed by both parties. Such an agreement allows for a smoother and quicker legal process that avoids not only trial, but any courtroom appearances.​

• Lower Legal Costs

One of the most significant advantages of an uncontested divorce is the reduced legal expense. Contested divorces require extensive attorney involvement, which quickly escalates costs. With an uncontested divorce, the need for lengthy court battles is eliminated. Look for a Collaboratively-trained lawyer advocate or unbundled legal service lawyer who can provide independent legal advice while offering you a low flat fee to assist you with your uncontested divorce in Utah. 

• Faster Resolution 

Time is money. A prolonged divorce process can drain financial resources through extended attorney fees, court appearances, and time off work. Uncontested divorces in Utah don’t require any court appearances when they are handled correctly. They can be finalized within 30 to 45 days of being filed. This relative quickness allows both parties to move on and rebuild their financial stability sooner.  

• Preservation of Assets

Attorney fees add up quickly, especially if multiple hearings and motions are necessary. By agreeing on terms outside of court, couples can avoid many of these expenses, making the overall cost of divorce more manageable. This will allow you to preserve your funds—and assets—for division, rather than spending them on legal fees. Choosing an uncontested divorce ensures both parties retain more of their wealth post-divorce.  
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• Emotional Well-Being and Productivity

Emotional stress can impact your ability to work and manage your finances effectively. An uncontested divorce, being less contentious, helps maintain a more amicable relationship, reducing emotional turmoil. A clearer mind leads to better financial decision and sustained productivity in your professional life. Achieving a peaceful divorce is possible when conflicts are kept out of court. 

Practical Steps for Achieving an Uncontested Divorce

There are two primary ways divorce cases are resolved in Utah: (1) through the court by a judge; or (2) through a negotiated settlement. That’s it: just two ways!

• By the Court (Litigation)

When your divorce issues are decided by the court, the judge makes a decision based on what that judge, alone, believes is correct. This isn’t a simple formula, and judges consider many factors as well as the evidence before it. This is a long and difficult path if your goal is to minimize the impact of conflict on your children, yourself, and your wallet. This is because the court process is, by nature, adversarial. It’s also lengthy and expensive since litigants often find they need legal help throughout this complex and--let’s call it as we see it--ugly process.
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• Through Negotiation

When divorce issues are determined through a negotiated settlement, you and your spouse work together (with or without respective lawyers) to decide how custody, property division, and support are going to be handled.

Negotiate. Don't Litigate.

To avoid a lengthy and adversarial court process, follow these steps for filing an uncontested divorce in Utah. The best way to achieve a low-conflict negotiated settlement agreement that's tailored to your families’ needs and interests is to stay out of court. 

Negotiating an agreement outside of court is not only less stressful, it is less expensive than litigation, and  thus more beneficial to you and your child’s well-being. Unlike the adversarial process, it's not a competition where litigants are scheming to "win the most." With negotiated settlements, the focus is on meeting everyone's needs while resolving issues.

The key to a smooth, respectful divorce is being able to reach a full agreement on all issues necessary to the legal divorce, in a written legal format that is signed by both parties and which complies with the Utah state guidelines and court rules. Here are some practical steps to employ as you attempt to negotiate and resolve your divorce with your spouse:

• Open Communication

Honest and open communication is the best way to approach your spouse if you wish to have amicable and open discussions about finances, property and children. It’s pretty simple, but not always easy to do. Find a way to discuss concerns with your spouse. Use a mediator or a coach or therapist if you find direct communication too challenging.

• Financial Transparency

Full financial disclosure is necessary for transparency, trust, and avoiding legal complications. If you want to stay out of court, you’ll need to play by the rules and fully disclosure the extent of your finances and debt. Hiding assets can lead to distrust and potentially lengthy, adversarial court battles, negating all benefits of an uncontested divorce.

• Legal Guidance

While uncontested divorces are simpler, it’s still advisable to consult with an experienced Collaborative divorce lawyer. An experienced lawyer can identify hidden legal issues you may not have thought of, they can ensure all legal documents are drafted and filed correctly, and they can make sure your rights are protected throughout the process.

Conclusion

To save time and money with your divorce in Utah, it all comes down to negotiation and how you approach the process. If you begin with high conflict and with litigation before you attempt  negotiating with your spouse, you are setting yourself up for a lengthy, adversarial process. On the other hand, if you instead focus on your (and your child's) needs, avoid legal threats, and engage in respectful communication, you can achieve a cost-effective settlement agreement that satisfies your needs and interests.