Divorce in Utah: Ready to Move On?

Choose Your Path Wisely

The legal process you choose for your divorce matters more than you might think. It can significantly impact your time, money, stress levels, and future relationships. We offer multiple paths to divorce, each designed to match your unique situation.

Out-of-Court Divorce Resolution Options

In limited circumstances, we can offer our legal services for a flat fee. These circumstances include when a divorcing couple has already reached a full resolution on all legal issues of their divorce and with circumstances involving a missing spouse.

Uncontested Divorce

Already reach a full agreement with your spouse? Our flat-fee uncontested online divorce service might be perfect for you. Streamline your divorce without stepping foot in a courtroom. We'll:
  • Personally draft all required legal documents
  • Guide you through the signing process
  • Handle court filing requirements
  • Ensure compliance with Utah law​
  • Reduce stress, conflict, and costly litigation
  • Complete your divorce efficiently and affordably, without ever stepping foot in a courtroom

Collaborative Divorce

Don't yet have an agreement, but want to find a respectful, private, and court-free way to resolve your divorce? Collaborative divorce allows you and your spouse to work with the support of trained professionals to reach a fair and lasting legal agreement without stepping into a courtroom.
  • Stay out of court and in control of the process
  • Reduce stress, conflict, and costly litigation
  • Maintain privacy and dignity throughout 
  • Get professional support for difficult or complex issues.

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The Smart Path to Resolution

For couples still working toward agreement, possibly navigating disagreements or uncertain territory, our unique  approach helps transform even the most challenging circumstances into manageable steps forward. Following Occam's Razor principles, we begin with straightforward solutions, only moving toward more complex processes, when needed, to help you reach your resolution efficiently and effectively. 

Our Process

STEP 1: SET THE FOUNDATION
Before filing for divorce, take time to prepare yourself for the journey ahead. Start by setting the foundation: 
  • prepare emotionally,
  • gather financial and personal documents, and
  • learn the basics of the divorce process and resolution methods.
  • Be sure to prepare for negotiation by understanding legal issues, categorizing property, outlining goals, and drafting a property division proposal. Consult with a
  • Want full scope legal guidance? Look at hiring a Collaborative divorce lawyer at this stage, or earlier, to get essential legal guidance.
  • Not sure what you need? Or whether you need a full time lawyer on your case? Join one of my legal coaching cohorts to help you get organized and started with professional guidance and structure.

This critical pre-filing stage helps you:
  • Process emotions and build emotional resilience
  • Gather and organize financial documents
  • Understand your complete financial picture
  • Learn about your legal rights and divorce process options.
  • Develop effective negotiation strategies
  • Create realistic goals and priorities
  • Identify your support network

Note: This phase is about your individual preparation—not joint planning with your spouse. Your individual readiness will not only help create a strong foundation for your next chapter, it will help you confidently negotiate a resolution that meets your interests and needs.
STEP 2: CHOOSE YOUR LEGAL SUPPORT & METHOD
With a solid foundation in place, determine the level of legal support you'll need and pick the best way to approach your spouse. There are a number of dispute resolution methods to consider, including kitchen-table negotiations, divorce mediation, the Collaborative divorce process, arbitration, and litigation. The divorce process you choose will have a direct and substantial impact on how much money you spend and how long the process will take.

​Kitchen-Table Negotiation
The simplest option—known as a kitchen table negotiation—may be an option if you and your spouse communicate well, can keep emotions in check, and are confident in your ability to reach an agreement together, on your own. Couples that resolve their divorce using this approach should, at a minium, use a consulting attorney to review paperwork before signing or finalizing anything.

Legal service options for those following the kitchen table approach include:
  • Consulting Attorney: A consulting attorney provides focused legal guidance when you need it, without the cost of full representation. A consulting attorney can serve as a legal advisor—reviewing documents, explaining your rights, answering questions, and providing strategic legal advice—while you remain in control of your case. This flexible approach gives you access to experienced legal counsel exaclty when you need it, helping you navigate your legal matters confidently and cost-effectively.  Contrast this with full-scope legal representation or traditional attorney representation, where your attorney represents you in all aspects of your case, from start-to-finish. Unlike limited scope or consulting services where you maintain some control of certain aspects, full representation puts your lawyer in charge of managing all legal matters—from document preparation and negotiations to court appearances. Full-scope representation typically requires high intial retainer fees that must be replenished until the case is ultimately resolved.  
  • Legal Document Preparation Services: Document preparation services by a consulting attorney help you complete all necessary legal paperwork correctly and efficiently. For example, we'll prepare your divorce, custody, or parenting documents accoring to Utah's legal requirements while you maintain control of your case. Whether you need a complete divorce filing, modifications of existing orders, or specific parenting agreements, we'll ensure your documents are accurate and complete. ​

The Collaborative Divorce Process
If you're facing power imbalances, communication challenges, or difficulty managing emotions, consider using a structured approach to resolve legal issues before filing your case—rather than turning to litigation. When it comes to divorcing couples, the Collaborative divorce process provides effective structures for resolving disputes out of court. This structured approach does two things: each one moves you toward an amicable resolution by providing you with needed support. The Collaborative process can help:
  • the parties manage difficult emotions
  • facilitate productive discussions
  • Identify common ground
  • Reduce emotional tension
  • Keep costs controlled
  • Maintain privacy
The Collaborative divorce process in Utah is a highly effective and increasingly popular option—especially for couples with complex or high-value assets, business interests, or children. Its appeal lies in the privacy, control, and respectful tone it offers by keeping mattes out of court. However, Collaborative divorce isn't just for complex cases; it's equally well-suited for couples with simpler estates or no children who still want to resolve their divorce in a cooperative, cost-effective and dignified way. A Collaborative divorce offers:
  • Interest-based resolution structure that supports children and helps preserve relationships
  • Lawyer advocates who are dedicated to keeping your case out of court
  • Lawyer advocates who support your desire to minimize conflict and keep costs at a minimum
  • Child-focused solutions
  • Private process
  • Team approach when needed
  • Save time, money, and stress

Full Team Collaborative Divorce (or Traditional Collaborative Divorce)
  • This is the classic model of Collaborative divorce
  • Both parties are represented by their own independent, Collaboratively-trained attorneys.
  • A written participation agreement is signed by both parties and their attorneys to stay out of court, cooperate with full financial disclosure, and negotiate in good faith
  • The process may also involve neutral professionals such as a financial neutral, a mental health coach, or a child specialist.
  • This model is ideal for higher-conflict or more complex cases, where the structure an support of a full team of professionals benefits everyone.

Attorney-Assisted Collaborative Divorce
  • This model is also referred to as the Modified Collaborative Divorce 
  • One party retains the services of a Collaboratively-trained divorce lawyer
  • The other party may be pro se or may hire a consulting Collaborative attorney (or unbundled attorney) to review documents and provide advice.
  • There may or may not be neutrals involved, depending on the complexity and needs of the case.
  • A formal participation agreement may or may not be signed, but the process is rooted in Collabortive principles of transparency, mutual respect, and out-of-court resolution. 

Divorce Mediation
Divorce Mediation is just one of several problem-solving tools available to couples going through divorce, and it can happen at any stage—even before a case is filed with the court. In Utah, mediation is mandatory in every litigated divorce; both parties must participate in at least one good faith mediation session before they can go to trial. Mediation typically involves both parties and their attorneys preparing as thoroughly as they would for court. While some issues may be resolved in a single longer session, most cases require a series of shorter meetings to work through legal, financial, and parenting matters. In the Collaborative divorce process, mediation is built in as a structured series of interest-based sessions involving a mental health professional, a financial neutral, a Collaborative mediator, or the Collaborative attorneys themselves.

It’s important to understand that mediators—regardless of whether they are attorneys—are neutral facilitators. They cannot give legal advice, interpret the law for you, or tell you what is fair. If you are going through mediation without your own legal counsel (known as “pro se”), you are taking on significant risk. Going in unprepared or assuming the mediator will protect your interests can lead to a one-sided or an unfair agreement—one that may be difficult or impossible to undo later.

​Mediation can be a powerful tool, especially when it’s part of a well-structured legal divorce process that ensures you’re informed, supported, and equipped to make sound decisions for your future.

Arbitration
Arbitration is a private method of resolving disputes. Similar to litigation, disputants follow an adversarial template, making allegations and accusations in written briefs and oral arguments before a private arbitrator. Unlike mediation, an arbitrator makes final decisions the parties must obey. While less formal than litigation, arbitration results in a legally binding decision that cannot be appealed.

Litigation
Litigation relies on adversarial tactics to resolve disputes. Much like criminal cases, lawyers in adversarial divorce proceedings make accusations and assign blame in an effort to win or secure the most favorable outcome. Litigation should be a last resort, as it often increases costs, heightens conflict, and can be especially damaging for families—​both emotionally and financially. 
STEP 3: NEGOTIATE AND RESOLVE All ISSUES
You will need to negotiate a full agreement with your spouse. Even "uncontested" divorces require some amount of negotiation as you will need to secure your spouse's complete approval on the paperwork.

Negotiating directly with a soon-to-be ex-spouse can be challenging. If communications are good, the best approach is to start with the simplest method—a Kitchen Table Negotiation. If communications become tense or if conflict necessitates a more involved process, you can escalate the matter to a more involved process, such as mediation or the Collaborative process. Whether you use a kitchen-table approach, try mediation, or something else, your proposed Stipulation for Divorce & Property Settlement Agreement can serve as a starting point for negotiations.
 
To proceed with a ‘no court divorce,’ both parties must agree to engage in negotiations voluntarily. No matter what process of divorce you end up using (whether it’s a kitchen-table negotiation, the Collaborative process, divorce mediation, or litigation) full financial disclosure must occur to ensure an informed, durable agreement. 
STEP 4: Sign and complete all legal paperwork
Once you and your spouse have reached an agreement on all of the key issues, above, the changes and corrections have been made and to the drafts and you are ready to sign agreement, the following steps must take place.
  1. Sign the Stipulation for Divorce & Property Settlement Agreement, both parties must sign and approve all necessary legal documentation in all of the right places which will be sent to each party electronically. If you chose my start-to-finish No Court Uncontested Divorce, I will handle verifying your identity and obtaining the signatures of you and your sposue where needed. 
  2. Process & Submit the Final Documents Electronically to Court for Official Filing: I will process and prepare a stipulated divorce for filing with the court so that a court hearing is unnecessary.
  3. Pay $350 for the Filing Fee. I will collect $350 at this time to cover the filing fee with the district court.
  4. Divorcing parents must complete their certificates of completion for their Divorce education courses. I will file the certificates with the court.
  5. Motion to Waive the 30 -Day Waiting Period. I will file a stipulated Motion to Waive the 30-Day Waiting Period if the parties qualify and they desire it.
  6. At the end of the 30-Day Waiting Period or Upon Waiver by Court Order - the Decree of Divorce and the Findings of Fact and Conclusions of Law (2 court orders) are submitted for court approval.
  7. Wait for Court Processing: The parties must wait for judicial review of the submitted paperwork and documentation and approve it. This occurs typically within 2 to 14 days.
STEP 5: FILE CASE WITH COURT AWAIT OFFICIAL ENTRY 
You are officially divorced when the court approves the proposed paperwork, the judge makes the orders and the clerk of court enters the order on the record with the court.
Talk to Collaborative divorce lawyer Jennifer L. Neeley about the best approach for your circumstances. Text (801) 675-8183 or book a consultation online.

Why Choose a No Court Divorce in Utah?

Divorce in Utah doesn't have to mean endless court battles and mounting legal fees.
While the traditional image of divorce may involve conflict and contention, many couples today are opting for alternative methods--like affordable no court divorce, mediation, Collaborative divorce, and uncontested divorce options--that are more efficient, less stressful, and often more affordable. 

Other reasons to stay out of court:
  • Save Money: Court battles are expensive. Our approach typically costs significantly less
  • Save Time: Resolve your divorce in weeks or months, not years
  • Reduce Stress: Take control of the process instead of letting the courts control you
  • Protect Relationships: Especially important when children are involved
  • Maintain Privacy: Keep your personal matters out of public court records
  • Better Outcomes: Solutions you create together tend to last longer than court-imposed decisions

It's important to understand that choosing an alternative to litigation doesn't lock you into that approach--you can adjust as your needs or circumstances change. However, it can be difficult to reverse course once you file your case with the court. 

Understanding the Different Types of Divorce in Utah

There are several options available when filing for divorce in Utah, including:
  • Uncontested Divorce: This is the simplest and most cost-effective option. Both spouses agree on all major issues, such as child custody, support, and property division
  • Pre-Filing Negotiation: Here, you and your spouse negotiate to reach a resolution before intiating your case with the court. Use a consulting attorney or Collaborative divorce attorney to guide you through the process is key. A consulting attorney can also help you draft documents and file them with the court, as well as other aspects of your negotiated settlement.
  • Collaborative Divorce: Each spouse hires their own independent, Collaboratively-trained attorney to negotiate a divorce settlement using interest-based negotiation in an out-of-court setting.
  • Litigation: Also known as "contested" divorce. When one party files a 'petition for divorce' with the court and the other party personally served, the litgation process begins. This is typically the most expensive and time-consuming route.

Grounds for Divorce in Utah: Understanding Fault vs. No Fault Grounds

When filing for divorce in Utah, the "grounds" refer to the legal reasons you’re seeking to end your marriage. These reasons must be stated in your initial filing. In Utah, as in many states, divorces fall into two categories: fault-based and no-fault.

No-Fault Divorce: The Preferred Option
​Utah, like most states, recognizes no-fault divorce as the simplest and most commonly used option. Under a no-fault divorce, neither spouse has to prove wrongdoing or make any court appearances, depending on how the divorce is filed.

Instead, you simply state that the marriage is “irretrievably broken.” There’s no need for evidence or arguments about who is to blame, making the process more straightforward, cost-effective, and emotionally manageable.

No-fault divorce offers several benefits. For one, it guarantees that you’ll be granted a divorce, as long as the procedural requirements are met. Additionally, this approach allows couples to focus on resolving practical matters like custody, support, and property division rather than rehashing grievances. This is especially beneficial for families with children, as it minimizes conflict and helps everyone move forward more peacefully.

If you're seeking an affordable and efficient divorce in Utah, a 'no-fault' filing is likely your best option.

Fault-Based Divorce: Rare and Challenging
While fault-based divorce remains an option in Utah, it’s rarely used. This type of divorce requires one spouse to prove specific misconduct, such as adultery or cruelty, as the reason for the marriage’s breakdown. While this might seem appealing to the wronged party, pursuing a fault-based divorce can be contentious, emotionally draining, and expensive.

Proving fault involves a high standard of evidence, which often leads to prolonged court battles and higher legal fees. In most cases, the added time and cost outweigh the perceived benefits, which is why no-fault divorce has become the preferred choice for the majority of couples.
​
​​Why No-Fault Divorce Makes Sense
By eliminating the need to assign blame, no-fault divorce in Utah simplifies the legal process and reduces emotional stress. This approach is particularly helpful for parents who want to maintain a cooperative relationship for their children’s sake. If you’re considering divorce in Utah, a no-fault filing is likely the best path forward for a smoother and less stressful transition to your next chapter.

If you're considering a divorce in Utah, choosing no-court divorce an help you transition to the next chapter of your life with less conflict, less expense, and greater peace of mind.

Jennifer L. Neeley: Utah Collaborative Divorce Lawyer

Headshot of divorce lawyer, Jennifer L. Neeley, JD, CDC
Divorce can feel like a major life upheaval—stressful, emotional, and even lonely, especially if you feel like you’re facing it alone. The good news is, you don’t have to go through this process by yourself. With the right attorney, you’ll have someone in your corner to guide you, advocate for you, and help you manage the emotional and legal challenges that come with divorce.

​If you're navigating a divorce in Utah and want to know how the law applies to your situation, reach out to schedule a consultation: text (801) 675-8183 or click here to book online. While divorce marks the end of one chapter, it’s also the beginning of a new one—and I’m here to help you start it on the right foot.

Frequently Asked Questions

what is a no court divorce?
A no court divorce is a legal process that allows couples to dissolve their marriage without going through traditional litigation in a courtroom. My services focus on helping individuals navigate the divorce process through divorce readiness coaching and alternative resolution methods like Collaborative divorce and mediation, which are less adversarial, more cost-effective, and typically less emotionally draining than traditional court proceedings. Once an agreement is reached, I help you file the necessary documents with the court to finalize your divorce.
is "no court divorce" available in utah?
Yes, if a Utah court has jurisdiction in your case, there are a number of options for divorcing without going to court, including my affordable no court divorce option, Collaborative divorce, divorce mediation, and kitchen-table negotiations between two parties. These methods help you avoid lengthy, expensive, and contentious court battles, allowing you to reach a resolution in a more peaceful and cost-effective way.
how long does it take to complete a 'no court divorce' in utah?
The timeline for a no court divorce depends on how quickly you and your spouse can come to an agreement. In many cases, a no court divorce can be finalized in as little as a few weeks to a few months. Collaborative divorce and mediation processes are typically faster than traditional litigation, which can take several months to a year, or more.
How much does a 'no court divorce' cost in utah?
My services are designed to be more affordable than traditional court divorce. Costs vary depending on the complexity of your case and the method you choose:
  • Mediation services typically range from $3,000 to $8,000
  • Collaborative divorce can cost between $5,000 and $15,000
  • As a general rule, litigation (or traditional court) is the most expensive and stressful dispute resultion process. Costs average between $15,000 to $50,000 or more.
By avoiding court appearances and the lengthy litigation process, you can save both time and money. I offer an affordable flat fees for my no court uncontested divorce service (average cost in 2024 including the filing fee was $1,247). My divorce readiness kit also offers an affordable (and smart) way to get started.
what issues can be resolved through a no court divorce method?
No court divorce methods can address all typical divorce-related issues, including:
  • Division of assets and debts
  • Spousal support
  • Child custody and parent-time
  • Child support
  • Property distribution
  • Retirement account division, including military retirement
  • Concerns regarding real property--and who will get the home.
is a 'no court divorce' right for everyone?
A 'no court divorce' approach works best when:
  • Both parties are willing to communicate
  • There is no history of domestic violence
  • Both spouses are committed to cooperating in good faith and providing full disclosure
  • Both parties want to minimize emotional and financial stress
Unforunately, a 'no court divorce' isn't always the best solution. ​In cases of extreme conflict or power imbalances, traditional court proceedings might be the direction to take.
what happens if we cannot agree on all issues?
Approach your divorce resolution like solving a complex problem by applying the principles of Occam's Razor. Start with the simplest, most direct solution first, only adding complexity when absolutely necessary. Here's my step-by-step approach to minimize conflict, time, and cost:
  1. Kitchen Table Negotiation: Begin with direct, face-to-face discussions between you and your spouse. If you can reach a full agreement on all terms, our uncontested divorce service can help you prepare documents, execute signatures, and file with the court efficiently. My Divorce Readiness Kit, along with my legal coaching and consulting services, will help you clearly understand your financial and legal goals, so you can confidently negotiate a resolution that meets your needs. 
  2. Mediation: If direct negotiations stall or fail, move to the next level. Bring in a neutral third-party mediator who will help facilitate discussions and guide you toward mutual understanding. Once you reach an agreement through mediation, I can draft your official legal documents required for your divorce. I can also help you file these papers to acheive your official divorce.
  3. Collaborative Divorce: If your spouse desires having legal representation, the Collaborative divorce process provides a structured environment designed with two parties and their respective legal counsel in mind. Collaboratively-trained lawyers are committed to keeping your divorce out-of-court and will help you resolve conflict and issues using interest-based negotiation and best interests of the child.
  4. Litigation: Traditional court proceedings remain a final, last resort, option if other methods fail, though this is typically the most time-consuming and expensive approach. 
By following this streamlined process, you can potentially save significant time, emotional energy, and financial resources while working toward a resolution that meets both parties' needs.