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What is the best way to ensure fairness and equity in a divorce?

4/11/2023

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The best way to ensure fairness in a Utah divorce is to choose a divorce process that focuses on communication and transparency.

Here are some steps that can help:
  1. ​Hire an experienced and knowledgeable divorce attorney who is committed to helping you achieve a fair and equitable divorce settlement. Not every lawyer is trained in the Collaborative process. Some lawyers file every divorce as a litigated divorce right at the start. This one-size-fits-all approach is clunky, expensive, and regularly leads to poor outcomes. Find a lawyer who will review the four methods of divorce with you and let you decide how to proceed.
  2. Be open and honest with your spouse about your wants and needs, as well as your concerns for your children.
  3. Commit to open and transparent communications at the outset, including the exchange of financial and other relevant documents. 
  4. Work with your attorney and your spouse's attorney to negotiate a settlement that takes into account the needs and best interests of both parties and any children involved.
  5. Consider using a parenting plan to establish guidelines for custody and visitation that are in the best interests of the children.
  6. Use a co-parenting app to help you keep the lines of communication open with your spouse after the divorce is finalized. Both parties can establish a positive co-parenting relationship with a little effort. 
  7. Approach your resolution with a focus on meeting the needs and interests of all parties involved. 
  8. Stay focused on the big picture and try to avoid getting bogged down in minor disagreements or issues that may arise during the divorce process.
  9. Don't be afraid to use a neutral financial specialist who can help the parties organize and understand their finances as well as facilitate a resolution.
  10. Get independent, personalized legal advice from a lawyer. Whatever you do, whether its a DIY divorce, uncontested divorce, mediated divorce, or collaborative divorce, everyone should get legal advice before agreeing to a settlement or resolution. Unbundled legal services and legal evaluations are great options for getting independent, personalized legal advice.

By focusing on these steps, you can increase the likelihood of achieving a fair and equitable divorce settlement that takes into account the needs of all parties involved, including any children. 

If you'd like more information on the four methods of divorce in Utah and what process may be right for you, check out our free mini course, Divorce 101.
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